Answers since the 1st December when I first sent the following letter
TD’s 0 MEP’s 1 Senator’s 1
I first sent you all the following letter on the 1st December 2014.
A number of questions arise throughout this letter that I request a personal response to but one simple question can be answered at the end of the letter which is highlighted.
Is the Water Services Act 2013 subordinate to both the constitutional and natural rights of the people of Ireland?
Am I already paying for water via PPI, PRSI and Motor Tax –General Taxation?
Do you believe that water is a public resource and should never be privatised?
Where do you stand on the explicit recognition by the United Nations that water and sanitation is a human right?
With regard to current and future issues that may arise where proof is ascertained that ill health was created by contaminated water by historical fact and where legal battles that may ensue e.g. lead pipes are Kerry Co. Council or Irish Water held accountable?
When Bord Gais was given the brief to set up Irish Water we were told that it was because they had all the systems in place. Why then did the Irish taxpayer have to pay for all these consultants?
When a mains break will occur will it be Irish Water who will fix it? When a complaint is to be made to Irish Water who will deal with it?
Will the complaint be logged, referred to the relevant local authority who will then report back to Irish Water, who will then give an order to the local authority to carry out the repairs? Do you think this is utter inefficiency, duplication and time wasting?
With reference to the Water Services Act, are you aware this Act only provides for the installation of water meters in dwellings? “AN ACT TO MAKE PROVISION IN RELATION TO THE INSTALLATION AND MAINTENANCE OF WATER METERS IN DWELLINGS….”
Does this indicate that you may not install a meter on the public pathway(claiming it is outside the control of the individuals home it is to be attached to) when the property folio indicates that the actual extent of the property extends to the middle of the road and as such does not constitute the dwelling?
ARTICLE 40-5 The dwelling of every citizen is inviolable and shall not be forcibly entered save in accordance with the law.
Has Kerry Co. Council compromised tenants by sharing personal details without their consent in writing with the private company Irish Water?
Are you aware details were put up on the Irish Water website telling us signing up meant our PPS numbers and other personal details became “assets” that Irish Water could sell when privatising the water supply?
Are you? The Co.Council? And Government? Ignoring my Constitutional Rights, the Laws of the Land & EU in
Contract Law, Consumer Acts, and The Sale of Goods and Services Act 1980 with regard to Irish Water?
Is Irish Water trading in contravention of the European Communities Unfair Terms in Consumer Contracts Regulation 1995; as it has no process in place for informing the customer of what its contract entails?
Are you aware EU directives are binding and that member states must implement them through national legislation? Article 9 of the water framework directive requires charging for domestic water. There is one exemption. It is known within the European Commission as the “Irish Exemption” because it was won by the Irish and only Ireland qualifies for it. It is found in article 9.4 of the directive.
Meanwhile while the current policy direction is strongly influenced by the current Programme for
Government and the European Union / International Monetary Fund / European Central Bank agreement, the proposed introduction of water charging predates the general election of 2010 and the troika agreement. The renewed Programme for Government issued by the previous Government on 10 October 2009 committed that
administration to introducing charging for treated water use, based on a system where households would be allocated a free basic allowance, with charging only for water use in excess of this allowance. (Final water report-link below)
What is Irish Waters Code of Practice and has it been approved by CER? European Communities Unfair Terms in Consumer Contracts Regulation 1995;
Can Irish Water or any of its agents use force, coercion or any other means to install water meters where the target of that meter does not consent to its installation, whether verbally or through any other means, including signage or notices?
Are you aware and have you researched The Smart Meter in terms of devastation to our nervous system?
Are you aware “The ‘Smart’ Meter in terms of devastation to our nervous system and that the radiation permanently destroys and alters the manufacture of brain proteins meaning that it completely changes the human organism permanently”?
Are you aware ‘Smart’ Meters violate many of my constitutional rights here in Ireland and my human rights, such as those laid out by the
Constitution of Ireland
European Convention on Human Rights?
Smart Meters: Detrimental Health Effects and Violations of Human and Constitutional Rights.
‘Smart’ Meters violate the rights of individuals everywhere, including the following Constitutional rights of the Irish people:
ARTICLE 41-1 1° The State recognises the Family as the natural primary and fundamental unit group of Society, and as a moral institution possessing inalienable and imprescriptible rights, antecedent and superior to all positive law. The Irish Water Act attempts to bypass this and enforce a contract.
ARTICLE 45-2 (iii) That, especially, the operation of free competition shall not be allowed so to develop as to result in the concentration of the ownership or control of essential commodities in a few individuals to the common detriment. It is absolutely to the common detriment to begin the process of privatising water.
The dwelling of every citizen is inviolable…Irish Water are engaging in trespass where it relates to privacy. ‘Smart’ Meters also violate those rights laid out by the European Convention on Human
ARTICLE 5(right to liberty and security) and ARTICLE 8(right to respect for private and family life). Access to water is also a basic human right. Aside from the individual’s absolute right to refuse a contract, ‘Smart’ Meters cause endangerment through many other factors.
Are you aware Wireless ‘Smart’ Meters, when activated, emit intense, pulsed bursts of non-ionising, RF microwave radiation. More than 5,000 studies have shown that non-ionising microwave radiation/RF EMF is harmful to humans, animals and plants.
On 31st May 2011, the World Health Organisation’s International Agency for Research on Cancer (IARC) categorised RF EMFs as a possible CARCINOGEN (Class 2b) – the same as lead, DDT, chloroform & methyl mercury.
On 6th May 2011, the Council of Europe issued a report titled “Potential dangers of EMFs and their effect on the environment” in which they called for an IMMEDIATE reduction in exposure to EMFs by children. The Council advocates a precautionary principle be applied to wireless emissions to prevent public health disaster akin to “tobacco, leaded petrol and asbestos”. ‘Smart’ Meters will increase – not decrease – the EMF exposure to members of a household and their neighbours.
As demonstrated by Daniel Hirsch, Senior Nuclear Policy Lecturer at UCSC, ‘Smart’ Meters can expose the body to 160x to 800x times as much microwave radiation as mobile phones. ‘Smart’ Meters can emit intense pulses of radiation in excess of 190,000 times every day.
Human, animal and cell culture studies indicate long-term systemic health effects from RF microwave radiation, including hormone disruption, DNA damage, leakage of blood-brain- barrier, sperm count reduction & damage, sleep disorders, learning difficulties, attention deficit & hyperactivity disorders, dementia and cancer including leukaemia and brain glioma (tumours). There is concern that pregnant women & children are particularly vulnerable.
Household Tax Act 2011 and in the Statutory Instrument for the same document. How much did the LGMA collect in Kerry? How much was handed over in General Purpose Grants by the LGMA (minus minimum expenses) to Kerry Co. Council for local services.
Was the €490 Million collected in Property taxes diverted into Irish Water or local services?
Does this Government need to take in about €305m in household charges to trigger an EU rule that allows them to borrow money through a government-funded “commercial” company, “off the balance sheet”?
Does this create pretence that the Government isn’t borrowing the money and it keeps the deficit looking like it’s under 3pc?
Are elected members sidelined by Kenny’s Economic Management Council which includesJoan Burton, Michael Noonan and Brendan Howlin which makes decisions in private and then imposes them?
Are weak politicians who have been targeting and miss-selling our natural assets now allowing corporations to turn nature into commodity and commodity into capital crippling our economy further?
Do you agree with a referendum on the public ownership of Irish Water?
Water is essential to human life, and international examples of privatisation have resulted in higher costs for consumers and a loss of democratic accountability over water provision.
I was horrified upon reading the 125 page document submitted by PwC http://www.oireachtas.ie/parliament/…/final-water-report.pdf of which I have summarised and the document is available but I would hope that Councillors, TD’s and Senators would familiarise themselves with the document and the layers of control contained within the document. Further information is also available in a summary of this document on our facebook page and comments dated 25th November 19;53 https://www.facebook.com/brian.l.mccarthy.3/posts/10153436405473298?pnref=story
PwC who submitted the final report was found to be unethically favoured by the World Bank in a bid to privatize the water distribution system of Delhi, India, an effort that was alleged as corrupt by investigators
World Bank Favouring for Water Privatization in Delhi.
PwC do a lot of reports worldwide and are fond of the World Bank-please read (2)
The World Bank, for example, has set out two distinct stages with regard to the
concept of accountability34:-
(1) Answerability – Defined as the onus placed on Government and its agencies to provide information about decisions and actions and to justify them to the public and to the institutions (for example regulators and parliaments) tasked with providing oversight.
(2) Enforcement – Which suggests that sanctions aimed at remedying behaviour which the public and / or the institutions find undesirable can be imposed.
PwC suggest that once Irish Water is well established as a self-funding utility the Government and Regulators may wish to assess international experience of the introduction of competition in water and sewerage services to identify whether Ireland could benefit from competitive markets in the water sector at a later date.
The PwC report addresses a number of operational systems to be put in place in the new Irish water utility such as staffing. Health and safety does not, however, appear to feature in the report in detail.
A government-owned corporation, state-owned company, state-owned enterprise, state-owned entity, state enterprise, publicly owned corporation, government business enterprise, commercial government agency, public sector undertaking or parastatal is a legal entity that undertakes commercial activities on behalf of an owner government. Their legal status varies from being a part of government to stock companies with a state as a regular stockholder. There is no standard definition of a government-owned corporation (GOC) or state-owned enterprise (SOE), although the two terms can be used interchangeably. The defining characteristics are that they have a distinct legal form and they are established to operate in commercial affairs. While they may also have public policy objectives, GOCs should be differentiated from other forms of government agencies or state entities established to pursue purely non-financial objectives. 
Government-owned corporations are common with natural monopolies and infrastructure such as railways and telecommunications, strategic goods and services (mail, weapons), natural resources and energy, politically sensitive business, broadcasting, demerit goods (alcohol) and merit goods (healthcare).
DEFINITION OF ‘CORPORATE GOVERNANCE’
The system of rules, practices and processes by which a company is directed and controlled. Corporate governance essentially involves balancing the interests of the many stakeholders in a company – these include its shareholders, management, customers, suppliers, financiers, government and the community. Since corporate governance also provides the framework for attaining a company’s objectives, it encompasses practically every sphere of management, from action plans and internal controls to performance measurement and corporate disclosure.
A legal entity that is created by the government in order to partake in commercial activities on the government’s behalf. A state-owned enterprise (SOE) can be either wholly or partially owned by a government and is typically earmarked to participate in commercial activities.
A key factor in evaluating the merits of the new operating model is the possibility that the borrowings of Irish Water could be outside the General Government Balance [GGB]. In the scenarios explored, and subject to confirmation by the CSO [Central Statistics Office] / Eurostat, it would appear that a determination could be made that Irish Water‘s borrowings would be deemed to be outside the GGB.‖
In addition, it is not clear yet what the precise relationship between NewERA and the new Irish water utility will be.
The legislation would provide for setting up of a private or public limited company incorporated under the Companies Act, the shares of which would be held by, or on behalf of, one or more Ministers of Government
and / or an agency such as NewERA.
The final water report points completely to Irish Water being launched on the markets. The definitions above along with the World Bank, I.M.F and corporate bankers controlling our economy and encouraging weak governments to sell our natural assets and water are showcased throughout the document for those who understand legalese and their goals of privatisation in the 64 countries that PwC have submitted reports on water.
The HSE and O.P.W have enforced responsibility within the document and both organisations are funded by the taxpayer.
The Consumers Association of Ireland pointed out the need for proper management of water resources before the introduction of charging and a decision on who bears the costs of an inefficient system that can lead to health risks.
After four decades of across the board political party neglect in addition to highly paid Co. Managers (some of whom retired on pensions and into IW) who also claim substantial pensions we are left with a leaking infrastructure that current figures point to waste in the ground in excess of 41% and Irish Water predicting 20 years to fix half the leaks.
It is of my opinion that the public’s and my own personal rising anger over the blatant miss-truths that have surrounded successive governments and the current fiasco that is Irish Water are more than justified and I have decided not to consent to become a customer of Irish Water.
There is very little being offered in the aspect of solutions, rain water harvesting, clean water and eco-systems in the county which I would also love to see an open discussion on involving “we the people”.
You may also note I did not mention “money” until now as it is the greatest distraction in life in the world we live in today.
Thank you in advance for your time and I look forward to your response.
Is Irish Water Legal ?Do you agree with the abolishment of Irish Water? Yes or No
Hillview, Knockeragh, Tiernaboul, Killarney, Co.Kerry.
N.A.M.A is unknowable , unseen , illogical and unaccountable. It is beyond intelligence .
Most of the general public in Ireland probably think that NAMA is fully owned by the Irish Government .
If the bad debts turn out to be OK – then NAMA could make a profit – so that could be good for the taxpayer?
But – there is a small catch – PRIVATE INVESTORS actually own 51% of Nama’s (National Asset Management Agency) property loans.
17% is owned by Walbrook Capital (Sold to them by Irish Life in Oct 2012)
17% is owned by New Ireland – which is part of the Bank of Ireland Group
17% is owned by “major pension and institutional clients” of AIB Investment Managers
They paid €51 Million for a 51% share in NAMA.
The government has set up an SPV – special purpose vehicle – to buy and manage the debts. This is a way of keeping the NAMA debts off the Irish State’s balance books – and off the national debt. This was done to get around EU rules about state borrowing limits
The “SPV” is a separate entity to Nama and will have its own board, although this will include representatives of the asset management agency. Nama will supposedly have a veto over all of the SPV board’s decisions.
If the property loans can be managed profitably, then Nama and the private backers will be paid a yearly dividend, tied to returns from Irish Government bonds. Once the entire operation is finished, the SPV will be wound up. The Government says that the investors, that is Nama and the private backers, will only be repaid their €100 million if the resources are there. ( Blah Blah Blah
If the loans are ultimately profitable, they will be repaid their capital plus 10 per cent – (€1.7 million for each private investor) – once the SPV is wound up.
This means that the private backers will be repaid their €51 million, plus €5.1 million, plus any dividends they will have received along the way. Any further profits over and above these amounts will be returned to the exchequer.
However, if the property loans are not profitable, Nama and the private investors will lose their €100 million.
(In the scheme of things – the €49 million NAMA investment is a small drop in the ocean of the NAMA €80 Billion debts)
So it appears that the Irish taxpayers will have paid around €80 billion to buy overpriced property and bail out the banks. But – 51% of the debt is sold back to some of those banks – for just €51 Million !!
WALBROOK CAPITAL Aggressive capital management – The controversial Protium deal (September 2009 – April 2011)
Described by one senior trader who spoke to the Daily Telegraph in April 2011 as “everything that is wrong with the City”, Barclays’ Protium deal was a complicated accounting move to reclassify a portfolio of toxic trading assets in a fund run by former employees.
Barclays sold $12.3bn in assets, consisting of securities and bonds impacted by the US sub-prime mortgage crisis, to a fund called Protium Finance in September 2009, Dow Jones Newswires reported at the time.
Protium Finance was managed by C12 Capital Management, a company incorporated in the Cayman Islands and run by former Barclays executives Stephen King, ex-head of mortgage trading at the bank, and Michael Keeley, a former member of the Barclays’ capital management committee.
Barclays provided a $12.6bn loan to Protium, secured on the credit assets and with a 10-year maturity.
The vehicle kept the assets on Barclays’ balance sheet, although as a loan and not as trading positions – therefore eliminating the need to report market movements in the value of the assets.
Barclays repurchased Protium from C12 in April 2010, paying $270m to an unnamed third-party investor in the vehicle. It also paid an $83m severance fee to C12. Barclays said at the time of the re-purchase: “Acquiring control of Protium will assist the group in facilitating an early exit from the underlying Protium exposures and improving returns.”
Lord Turner described the impact of Protium as “unfavourable to the degree of external trust in Barclays’ approach to issues such as tax, regulation and accounting”.
Nama announced the sale of the 17% stake by Irish Life to stake to Walbrook Capital, a London firm set up last year by Michael Keeley, Geoff Broomhead and Simon Haworth, former executives in the structured credit division of UK bank Barclays.
Michael Keeley. Really interesting guy. If you don’t know who he is, it is worth googling him and the word tax avoidance. Two links
Walbrook is a newish little project but seems to be a spin out of C12 which was previously involved in some complicated work for Barclays.
Thought it was interesting that Barclays has been assisting them with some financial elements in August.
Am sure it is just a pure co-incidence.
It’s a crazy world run by bankers & solicitors it seems……and corruption
This article from the Limerick Post is worth reading. It tells us a company whose owners owe massive amounts of money to Anglo Irish Bank will be providing legal advice to NAMA.
LIMERICK solicitors Dermot G O’Donovan, three of whose partners are directors of the Fordmount Group, now in receivership, have been appointed by NAMA to provide legal services.
Fordmount is believed to owe in excess of €100m to Anglo Irish Bank.
NAMA will appoint more than 50 firms to sit on a panel of legal advisors. Being on the panel does not necessarily mean a company will be called to provide advice. Indeed the reason NAMA would claim such a large number of advisors is required is – for want of better wording – to dilute any conflicts of interest. Still, if claims of conflicts of interest are raised, it’s worth taking a look at them.
How can the board be completely separated from Nama when the Nama chairman is sitting on it?! Is this some kind of riddle? And Mr. Geoghegan — wonderful. At least the US senate hearings are over now, so he can concentrate on advising Nama to be more Nama-like.Mr. Michael Geoghegan CBE
The story is also perhaps illustrative of just how interconnected the various elite facets of Irish society have become in the last ten or so years.
“NAMA is complicated….no shit sherlock”
NAMAWINELAKE ON NOONAN
NAMA-NOONAN-AND FOR FUCKS SAKE(Noonan-Misprison of Treaty…i hope so )
If you were asked to name the NAMA board, you’d probably struggle beyond Brendan McDonagh the CEO, Frank Daly the chairman and John Mulcahy the head of asset management. But there’s a former IMF mission chief there also, Steven Seeling, not to mention a former county manager William Soffe, former KPMGer Eilish Finan and the board’s most recent appointment Oliver Elingham who got the call from Minister for Finance Michael Noonan last month.
And then there is Brian McEnery, an accountant who is a partner in accountants and receivers Horwath Barstow Charleton in Limerick. Brian was appointed in December 2009 , a full 13 months before General Election 2011 where Brian was director of elections for Limerick-man Michael Noonan who is now of course the most important minister in this administration. Brian’s is chair of NAMA’s audit committee and his term on the NAMA board is set to expire in December 2013.
Last week, Minister for Health James Reilly announced that Brian has been appointed chairman of the Health Information and Quality Authority, HIQA – the organization that monitors standards of health care.
« Debt forgiveness by state-banks to billionaires and merchant princes is secret, says Minister NoonanMcKillen suing NTMA PR firm for defamation »
Noonan refuses to release “The Black Book”
May 8, 2013 by namawinelake
“The Black Book was the CB crisis management manual including guidance on subjects such as emergency liquidity assistance, legal requirements and more logistical issues.” Nyberg report on the banking crisis published March 2011
This sounds like something out of the Evil Dead, but it seems that the Central Bank of Ireland has a ”Crisis Management Manual” also known as “The Black Book” which is a “set of processes and procedures to assist it in the management of a financial crisis situation”. It was drafted in 2001 and updated in August 2007. Given that it was in existence before the Night of the Bank Guarantee in September 2008, before the nationalization of Anglo Irish Bank in January 2009 and the creation of NAMA in December 2009, you would think that we had a right to see this Black Book. Let’s not forget that this state has borne the €71bn gross cost of bailing out the banks – that’s the famous €64bn plus €1bn shoveled in, in March 2013 to pay IBRC bonds plus €6bn of state-aid given to the banks by NAMA.
In the Dail this week, the Independent TD for Wicklow and east Carlow, Stephen Donnelly asked Minister for Finance Michael Noonan to provide a copy of the Black Book, and…… yes, you’ve guessed it, it’s confidential. In fact Minister Noonan went further this time and said “The document was shared with the Department of Finance on the understanding it would be treated in strictest confidence given the nature of the matters treated in the document. I do not therefore propose to provide a copy of the document.”
It can’t have been a great read.
The parliamentary question and response are here:
Deputy Stephen Donnelly: To ask the Minister for Finance if he will provide a copy of the Crisis Management Manual, also known as the Black Book, as it existed at the end of 2006 and/or as redrafted during the period August 2007 to September 2008 under the auspices of the Domestic Standing Group, as referenced in the Honohan Report and the Nyberg Report (details supplied); and if he will make a statement on the matter. [21091/13]
Department of Finance, Michael Noonan: The document referred to by the Deputy in his question was drawn up by the Central Bank of Ireland to provide it with a set of processes and procedures to assist it in the management of a financial crisis situation. The question of releasing the document is therefore a matter for the Central Bank of Ireland in the first instance. The document was shared with the Department of Finance on the understanding it would be treated in strictest confidence given the nature of the matters treated in the document. I do not therefore propose to provide a copy of the document.
JOBS FOR THE BOYS-Linehan and Noonan
REWARD FOR REVENUE
The Minister for Finance, Brian Lenihan, has today announced Steven Seelig’s appointment to the board of NAMA – see NAMA press release here. Mr Seelig was, according to minutes of a meeting between the IMF and government in April 2009, reported to have expressed the view that NAMA will not result in more credit reaching Irish households and businesses.
While no-one now believes that NAMA will directly result in a “wall of cash” immediately washing over households and businesses, it was hoped that NAMA would be a vital part of the jigsaw of guarantee, balance sheet cleansing and recapitalisation that would restore lending to normal levels. Given NAMA’s disproportionate involvement with Anglo (€36bn of the €81bn loans are expected to be from Anglo) and the severe haircuts across all financial institutions, NAMA’s role may diminish in importance when compared alongside the recapitalisations.
Anyway, good luck to Steven Seelig – it won’t hurt to have an international-centric set of eyes contributing to NAMA’s operation. Interesting protocol that it is the Minister for Finance, not the NAMA Chairman, of the Board, that makes the announcement of an addition to the NAMA board.
Mr. Frank Daly
Frank Daly was born in Abbeyside, County Waterford, and educated at Dungarvan C.B.S.; University College, Dublin; and the Dublin Institute of Technology. He holds a BComm Degree and a Diploma in European Community Law. In 2010, he was awarded an Honorary Doctorate of Laws by the University of Limerick in recognition of his distinguished public service.
From 2002 to 2008, he was Chairman of the Revenue Commissioners. Having joined the Revenue in 1963, he has been a Commissioner since 1996 and Accountant General of Revenue and Head of Strategic and Business Planning since 1993.
Previous to the NAMA appointment, he served as Public Interest Director of the Anglo Irish Bank under the Banks Guarantee Scheme and Chairman of the Commission on Taxation, which was established to review the structure and efficiency of the Irish Taxation System.
Frank Daly was appointed Chairman of the National Asset Management Agency (NAMA) by Ireland’s Minister of Finance in December 2009. He also currently chairs the NAMA Northern Ireland Advisory Committee
PROPERTY GURU & ADVISER ???
John Mulcahy the right man to advise Nama ?
Property guru Mulcahy failed to forecast commercial crash and seems to have a slight conflict of interest seeing as he advised some of the biggest players in the market.He was hardly the only auctioneer/banker/developer to claim the bubble would continue when they knew otherwise.
The man whom the Government is depending upon for property advice, has not always called the market right when gazing into his crystal ball.
The chairman of the Irish arm of Jones Lang LaSalle told this newspaper two years ago that the commercial property market was extremely healthy. IBRC creditors were IBEC, Jones Lang LaSalle, Eugene F Collins, McCann FitzGerald, PR company Drury and the Institute of Bankers of Ireland.
“The Irish commercial property market is extremely healthy, but the residential property market needs to take some fiscal Solpadeine before returning to wiser ways,” Mr Mulcahy said in a July 2007 interview as the credit crisis began to break. While accepting house prices might fall 10pc, Mr Mulcahy said commercial property was doing well. “The prospects for next year look equally promising,” he added.
Still, Mr Mulcahy’s knowledge of the property market is second to none and he has LUCKILY ENOUGH managed to make a fair amount of money from it over the years.The property expert has been involved in many major developments. He was a key adviser on the €430m sale of the Ringsend Glass Bottle site to a consortium including developers Bernard McNamara, Derek Quinlan and the Dublin docklands Development Authority.
His advice has often been cited in the past by developers such as Sean Dunne who included an appendix from Mr Mulcahy when seeking to lobby Dublin City Council for permission to change the Ballsbridge local area plan to allow offices to be built on the site of the former Jurys Ballsbridge and Berkeley Court.
Michael Geoghegan CBE
Michael worked for HSBC, the world’s largest international bank, for nearly four decades, living in 12 different countries, across four continents, culminating in he becoming the Group Chief Executive of HSBC Holdings Plc in May 2006
Since retiring in March 2011 Michael has been advising governments, international companies and family offices, whilst overseeing the Madrinha Trust that he and his wife, Jania established to assist disadvantaged young people across the world.Seems to have a slight conflict of interest seeing as he advised some of the biggest players in the market.
Dr. Denis Rooney CBE
Denis is a senior business leader with over 40 years experience in private and public sector organisations. He recently stepped down from his role in chairing the International Fund for Ireland [IFI]. He is a director of Dublin based To Be Training and Development Ltd.
He qualified as a chartered quantity surveyor and set up the surveying and project management practice DRA in 1984 which was acquired in 2003. Denis has held a number of key appointments such as Chief Executive of White Young Green Ireland, Chairman of the Institute of Directors [IOD] Northern Ireland and Chairman of the Royal Institution of Chartered Surveyors [RICS] Northern Ireland. He chairs the charitable trust which is currently restoring the SS Nomadic, the tender built by Harland and Wolff in 1911 which ferried the passengers to the Titanic on its ill fated voyage.
Bank of Ireland-Denis O Brien-KPMG v Goldman Sachs ….its in the game. No its in the Independent. Whats not in the spINDO is that John Mulcahy of NAMA will be busy as his company Jones Lang LaSalle was also one of those in the leaked IBRC creditors list who are now transferring unsold borrowings to the National Asset Management Agency via theirs and Denis O Briens friends KPMP . Among them are borrowings related to TV3, Arnotts, the Racing Post, Topaz and stockbrokers Davy.
The Irish investors who own the Racing Post said they would bid for their own borrowings of €150m. There is also speculation TV3 would try to buy back its loans.
Arnotts’ borrowings of €200m have been linked to Selfridges and the House of Fraser.
Davy had paid off more than half its loan and plans to purchase the outstanding €140m.
Two bids were expected for the €185m loan of petrol retailer Topaz, with one coming from its significant shareholder Denis O’Brien.So is Denis stealing more shares in our our oil to Shell back to us…..and are they all buying back their own shares for pittance from their own friends ?
The government, which owns Anglo Irish Bank/IBRC, wrote off a debt of €110 Million, to allow Denis O’ Brien to acquire Siteserv.
Siteserv is the major contractor to Bord Gais and installs gas meters and services gas boilers for Bord Gais.
Two weeks after Denis O’ Brien bought Siteserv for €45 Million, the government announced that Bord Gais would be in charge of implementing domestic water meters.
One of Siteservs “key competencies” is the installation of water meters. Civil Engineering
The cost of the water meters would be spread over a 20 year period by means of a “standing charge” of €40 per household.
Ironically the Chairman of Siteserv- Hugh Cooney, also the Chairman of Enterprise Ireland, has worked for over 23 years in corporate restructuring and corporate recovery. Handy.
Hey all over the next few weeks and days articles like below on solicitors-banks-courts and laws that are being broken will be published. We need to collectively fight back and inform people how against an unjust and corrupt system.
Any relevant info you have please forward.
Anti-Eviction Taskforce can and will help you to help yourself and to help others. Feel free. Ask questions ?
Part 1 SOLICITORS
Guilty Solicitors? Court Threatening Your Family Home; Repossessing your home should be the lender’s last resort.
Are you being threatened with Eviction? Voluntary Sale? Demands?
Irish banks are routinely issuing legal demands from what appear to be independent firms of solicitors designed to make struggling borrowers pay up.
Letters may contain characteristics of the following or similar:
• Borrowers are often told their case has, “been escalated to a third party, using legal language such as “We are instructed by our client” and “We are likely to be instructed to commence court proceedings”.”
• The letter heading looks like that of an independent firm of solicitors.
• The letter, “typically uses a different address from that of the bank concerned”.
• Small print wording on the letters identifies the ‘firms’ as part of the bank or its litigation department.
• The letters are signed by a lawyer who is individually regulated.” (*see P.I.I.)
Check if the firm are regulated by the legal profession’s watchdog, and are simply not names used by banks’ in-house lawyers.
The Find a Firm search allows you to search solicitors’ firms in Ireland and organisations that employ solicitors who hold a current practising certificate.
As of the 9th January 2015
The letters are clearly intended to convey an escalation in the debt process. In one sense that is quite a clever way of doing so; a nudge, if you like. But in another sense, it looks like a deliberately misleading statement. They appear to be deliberately creating a fiction: seeking to create a belief in some of their customers/debtors that is at variance with their own. Putting the true position in small print somewhere on the letter does not change that intention. Nor will it always change the effect of the letter. Such behaviour may fall below normal standards of honesty. It may also fall below legal standards of honesty (though that is rather different from saying an offence has been committed).Let me turn then, briefly, to whether the solicitors involved in pseudonymous law firms have breached their professional obligations.
Firstly, there is a substantial risk that the solicitors who signed or were involved in the production of the letters have breached their obligation to act with integrity. This depends, in large part, on whether it is accepted that these letters were deliberately misleading. There is also a significant question as to whether the obligation to, “behave in a way that maintains the trust the public places in you and in the provision of legal services” has also been breached. More specifically, there is a question over whether Outcome (rule No.) has been breached that is solicitors must not; take unfair advantage of third parties [the debtors] in their professional capacity. Perhaps unsurprisingly, neither the rules nor the guidance (indicative behaviours) take account of the possibility that lawyers might make up law firm names to threaten litigation under, but if, “using your professional status or qualification to take unfair advantage of another person in order to advance your personal interests” is likely to be contrary to O11, then using a fictitious professional organisation to take advantage of unsuspecting debtors to advance a business’s interests is also likely to be a breach of the rules.(lawyerwatch.blog)
When you got your Contract-Terms & Conditions-Mortgage.
Did you pay all costs and your solicitor worked 51% for the bank and 49% for you?
Was Power of Attorney and Securitisation explained to you or not at all?
Power of Attorney ; http://www.irishstatutebook.ie/1996/en/act/pub/0012/
Did your own solicitor irrevocably sign away your power of attorney in your contract? Ask. Mine did
Did this Notice Revoking Power of Attorney work for me?
Notice is hereby given that I revoke and do hereby revoke any Power of Attorney over L******** and I, and all power and authority held over ******** and I. If you have an assumed power of Attorney over Lorraine and I, or that L******* or I have given or given away fraudulently or through deception, it is now revoked.
On this the 12th Day of November, in the year of our Lord 2013.
B**** ** ******
No! But it is a question that has to be asked. It gave me the proof that our Power of Attorney was signed away unknown to us in our “original contract”
Securitisation-Did your solicitor explain secured or securitisation in your “contract”
Has Loan No.666 666 999 been securitized?
Questions 6 & 7 from 10 asked in http://awaken-longford.com/2013/01/15/mortgageholders-the-ten-most-important-questions-you-need-to-ask-your-bank/
6. Does the bank participate in a securitisation scheme whereby debts / promissory notes are bundled and then sold-on to a third party/parties via special purpose vehicles, entities or alike processes?
This question is plain and simple: we want the banks to admit the obvious. We know they engage in securitisation, but once they admit this to a customer, then the customer would naturally have the right to ask a crisp follow-up question: “well then, has my specific loan been securitised?” Remember, if your loan has been securitised, then the whole game changes. This is ultimately what we want the banks to tell us. There is a very good chance that your loan has been securitised. You need to know the truth, which is why you MUST persist in your demand for the answers.
7. With reference to point 6, has my loan securitised? If so, please send me all details regarding its securitization.
It is your right to know about securitisation. If you don’t get answers, then work to obtain recourse.
Solicitors Duty of Care; is code of conduct (link below) for these solicitors.
Has your solicitor broken this code?
The Lender/Bank must demonstrate to the Courts, and the Central Bank of Ireland that it is in compliance with the requirements of the Code of Conduct on Mortgage Arrears.
There two most recent codes dependent on when you went into arrears and how you have been treated since are?
Have you or if God forbid you are using a solicitor to save your family home
Has he questioned the Bank with regard to how you were treated by the Code of Conduct on Mortgage Arrears? C.C.M.A.
Code of Conduct on Mortgage Arrears. Lending institutions such as banks and building societies are bound by two statutory codes of conduct in relation to mortgages. These are the Central Bank’s Code of Conduct on Mortgage Arrears (CCMA) and its Consumer Protection Code.
This Code is issued under Section 117 of the Central Bank Act 1989.
The Central Bank has the power to administer sanctions for a contravention of this Code,
under Part IIIC of the Central Bank Act 1942.
Lenders are reminded that they are required to comply with this Code as a matter of law.
I WILL REMIND YOU THEY “the banks” HAVE NOT ADHERED TO THEIR OWN CODE.
In one case alone that I reviewed the Bank had ignored 1, 2, 3, 4, 5,6 ,7,8 ,9,10,11,12,13,15,16,17,19,25,27,30,31,32,33,34,37,38,39,42,43,44,45,46 & 52 of the 2011 code
Complaints about your Solicitor
Have you applied for a DATA ACCESS REQUEST; Under Section 4 of the Data Protection Acts, 1988 and 2003, you have a right to obtain a copy, clearly explained, of any information relating to you kept on computer or in a structured manual filing system or intended for such a system by any entity or organisation. All you need to do is write to the entity concerned and ask for it under the Data Protection Acts.
Your request could read as follows:
I wish to make an access request under Section 4 of the Data Protection Acts 1988 and 2003 for a copy of any information you keep about me, on computer or in manual form in relation to…. (Fill in as much information as possible to assist the organisations to locate the data that you are interested in accessing e.g. customer account number-names-start date if you have)
You should also include any additional details that would help to locate your information. You may be asked to pay a fee, but this cannot exceed €6.35.
Once you have made your request, and paid any appropriate fee, you must be given the information within 40 days.
They might ask for proof of ID as in my case and took 90 days to comply with the request and did not send all the information.
Is it worth €6.35 to request all your Data from day one? Valuable information contained within.
If using a solicitor has he all your data? All communications? Has he challenged this personal information in your unique case?
CIVIL LIABILITY; Civil liability arises from historic statement of law found at §1383 of the French Civil Code of 1804:
“Everyone is liable for the damage he causes not only by his acts, but also by his negligence or imprudence.”
Have you or a loved one suffered at the hands of a solicitors or bankers letter. Personal Liability?
Have you felt threatened or bullied by the tone in a phone call or letter by your bank or their solicitor? Big Question as how many have suffered depression or succumbed to emotional pain because of threatening letters.
To create specific offences with regard to racketeering and demanding money with menaces;
Professional Indemnity Insurance –Professional Indemnity insurance is a type of liability insurance that provides cover for the financial (note that it is financial consequence only) consequences of neglect, error or omission by the firm taking out the policy.
Your Solicitors should be in your full file. (*see Data Access Request) https://www.lawsociety.ie/Solicitors/Practising/PII/