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    Blowing in the wind

    38March 2022externally. This was deemed to be incompatible with the EU directive. It was also found the requirement to “cooperate, as required” with an investigation into wrongdoing should be removed, as there could be valid reasons for not cooperating with such an investigation. This recommendation was taken on board.• That the new bill/Act should be retrospective in nature to ensure protected disclosures made before the enactment of the amended legislation receive the full beneft of the legislation • That the definition of penalisation be broadened to include “vexatious proceedings brought against a discloser” and “attempts to hinder further reporting”. This was taken on board.• That there should be a legal requirement to accept anonymous reports of breaches and determine follow-up on the same basis as other disclosures. This was taken on board.• That consideration be given to the removal of caps on awards for those seeking fnancial redress. This was not taken on board.• That free legal and psychological counselling services be provided to those making protected disclosures. This was not taken on board. The report is quite detailed so I would encourage those with an interest to take a look for themselves. It can be found on the Finance Committee’s homepage. It should also be noted that the December deadline for the government to transpose the EU directive, through its own bill, has now passed and this State could fnd itself fned for this, as we were previously with our failure to enact the Anti-Money laundering directive on time.The fastest way for the government to do this, and avoid and a potential fne, is to enact Deputy Farrell’s own Protected Disclosure (amendment) bill which has proceeded to second stage. This bill already gives expression to many of the recommendations of the report, as it was crafted in consultation with legal practitioners, academics and whistleblowers themselves. This government, just like those that went before it, is happy pay lip service to the bravery of whistleblowers. And yet it is in reality quite content to allow the organisations, in which wrongdoing was revealed, to attempt to extinguish them.At the start of this year the Taoiseach claimed that “disinformation” is now “a very real threat to the sustainability of free democracies”. When I heard that, I wondered what the numerous whistleblowers who appeared before the Committee to tell their stories would have made of those words. I’m sure they felt like their attempts to reveal the truth were often misconstrued as “disinformation”. Cillian Doyle is Advisor to Sinn Féin’s Spokesperson on Public Expenditure and Reform, Máiréad Farrellgiving any new protections to those whistleblowers whose cases remain unresolved. The Minister says this matter is currently with the Attorney General for consideration, but whistleblowers themselves already see this as a red fag and an indication that the Minister is not serious in this regard.“Key problems include that while the existing Act protects people from dismissal, the protections from penalisation are much too weak.The Minister has broadened his defnition of ‘penalisation’ in line with what the Committee recommended, and this is welcome.However, he has pushed ahead with his requirement to add restrictive conditionality for public service workers complaining outside their organisation, only if there is a so called “emergency situation”, which is of questionable compliance with the EU Directive. With regard to private sector organisation the Minister no proposes to include organisation with 50 employees or more withing the regime. So if you work in an organisation with 49 workers…well tough luck!These problems simply go unaddressed in the bill. Of the 60 recommendations the following were key, and are identifed as having been taken on board or not:• The frst recommendation, and arguably the one where there is the greatest doubt, is whether the new legislation will be retrospective in nature and any additional protections be given to whistleblowers who have unresolved cases. This has yet to be taken on board.• That consideration be given to the new “restrictive conditionality” for making a protected disclosure to the relevant Minister – as it may be incompatible with the EU Directive. This recommendation was not taken on board • The Committee, in consultation with the Ofce of Parliamentary Legal Advisor (OPLA), found that the changes in the Ministers forthcoming bill found that the requirement for a reporting person to believe that the perceived wrongdoing “was substantially true”, rather than simply “true” as under the current act raised the current threshold for reporting In January the Oireachtas Joint Committee on Finance, Public Expenditure and Reform and the Taoiseach published the infuential “Report on the Pre-Legislative Scrutiny of the General Scheme of the Protected Disclosures (Amendment) Act 2021” on the government’s whistleblowing bill.The report dealt with some of the current system’s shortcomings, while assessing the bill, which is being introduced to transpose an EU directive. The Directive and therefore the transposed bill provides protections not just to traditional employees but to a broad range of reporting persons, including shareholders and volunteers. The report identifed signifcant shortcomings in both the current legislation and Minister McGrath’s new bill. It made extensive reformist recommendations and highlighted potentially “regressive” aspects of the Government’s new bill.In total the report sets out a total of 60 conclusions and recommendations which arose from detailed scrutiny of the legislation from experts, academic and professionals. As well as the detailed and harrowing evidence provided by former whistle-blowers themselves, whose names would likely be familiar to Village readers.The Committee, to its credit, undertook the scrutiny of this bill with the seriousness that it warranted, with Deputy Mairéad Farrell, Senator Alice Mary Higgins and the Chairman John McGuinness having distinguished themselves in particular. The Minister has now published his bill and whilst some of the recommendations were taken on board, others were not. The Minister is now on record in the Dail is stating that he is willing to work at committee stage to see if additional improvements can be made. It begs the question why these recommendations were not automatically included?Will he resist his ofcials and the peculiarly

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    Stalker Nobbled

    March/April 2022 35IntroductionCounty Armagh, 1982. In just over a month six men, one only 17-years-old, were killed in controversial circumstances by a RUC Headquarters Mobile Support Unit (HMSU). On 11 November, Sean Burns, Eugene Toman and Gervaise McKerr, all members of the Provisional IRA (PIRA) were killed after allegedly driving through an RUC roadblock in Lurgan, injuring one ofcer. The ofcers of the HMSU fred some 109 shots, killing By Nick CliftonThirty years ago this year, three IRA men were murdered by the RUC. John Stalker was appointed to investigate but he was set up, his report defused and the truth about the murders he was investigating confounded so that RUC impunity could prevailIn his trial summing up, Lord Justice Gibson controversially stated that the offcers were “wholly blameless” and celebrated that Toman, Burns and McKerr had been brought to the “fnal court of justice”Gervaise McKerr, Eugene Toman and Seán Burnsall three men. Two weeks later, 24 November, Michael Tighe was killed, and Martin McCauley seriously injured in a Hayshed, again in Lurgan. The HMSU opened fre because the two men allegedly pointed Mauser rifes at them. Lastly, on 12 December, Roddy Doyle and Seamus Grew, both members of the INLA, were killed after allegedly trying to fee a police checkpoint in Armagh City. Constable John Robinson claimed that he heard a loud noise emanate from the reversing car, so he opened fre and killed both men. Doyle and Grew, like Burns, Toman and McKerr, were all unarmed. Shoot-to-Kill?But all was not as it seemed. In McCauley’s subsequent trial for possession of the frearms in the Hayshed, the three ofcers involved admitted that large parts of their witness statements were untrue: they had claimed they had come across an armed gunman outside the Hayshed whilst on a routine patrol, when they had actually been keeping the location under close observation. The presiding judge, Lord Justice Kelly, decided the ofcers’ statements should not be considered as they were “tainted with lies”. McCauley painted a diferent picture of the incident. They had climbed through the open window of the Hayshed and seen the Mausers. Without warning they were sprayed with bullets, killing Michael Tighe. When the fring stopped, the RUC ofcers ordered the men to surrender but when McCauley attempted to, they delivered another burst of gunfre, seriously injuring him. Lord Justice Kelly also disbelieved McCauley’s testimony, handing him a two-year suspended prison sentence.This was not an isolated incident though. Constable Stalker NobbledPOLITICS 36March/April 2022attack on a RUC patrol at Kinnego Embankment. Tragically, Sergeant Sean Quinn, Constable Alan McCoy and Constable Paul Hamilton were killed instantly in the explosion.Casus Belli?Stalker revealed that the same informant had told Special Branch that four men were behind the attack; Eugene Toman, Gervaise McKerr, Sean Burns and Martin McCauley. Were their deaths part of an RUC vendetta? He was aware the Hayshed had remained under investigation following the Kinnego murders and strongly suspected that the informant had become an agent provocateur as all three incidents involved an ambush by HMSU ofcers. Damningly, Stalker also found that a report from the informer claiming Michael Tighe was a member of the Provisional IRA had been faked, as it had been forged after the entirely innocent teenager had been killed. But he found that the RUC Chief Constable would not allow to him listen to the tape or even read the fles relating to the informer. So, after months of failed negotiations with Jack Hermon, Stalker produced a 10,000-word interim report. It stated that new and extensive “independent forensic evidence” supported claims that all fve men “shot dead in their cars were unlawfully killed by members of the RUC”. He suspected that Michael Tighe was also unlawfully killed but could not confrm this until he had heard the tape. Hermon delayed handing the report to the Direct of Public Prosecutions, Sir Barry Shaw, but when he did Shaw unequivocally decided that Stalker would have access to anything he wanted. Conspiracy of LiesThis sent of an unforeseen chain of events. In late-may, 1986, Stalker was called into GMP’s HQ and suspended from duty. He was now being investigated for impropriety. He was not told what he was alleged to have done, but he was informed John Robinson stood trial for the murder of Seamus Grew. He too admitted that his witness statement had been fabricated by ofcers of RUC Special Branch. Three more HMSU ofcers stood trial for the murder of Eugene Toman and were subsequently cleared. In his summing up, Lord Justice Gibson controversially stated that the ofcers were “wholly blameless” and celebrated that Toman, Burns and McKerr had been brought to the “fnal court of justice”. Stalker by Name and by NatureThough Gibson appeared to condone the killing of three unarmed men, it was Robinson’s false witness statement that had political repercussions. The RUC’s Chief Constable, Sir Jack Hermon invited the Deputy Chief Constable of Greater Manchester Police (GMP), John Stalker, to investigate the three Shoot-to-Kill incidents. Stalker was the 45-year-old rising star of Britain’s policing community with over 20 years’ experience as a detective. He had a great deal of experience in the GMP’s drugs and serious crimes squads as well as investigating other constabularies. But from the moment Hermon passed a fattened cigarette-packet highlighting Stalker’s mother’s Irish Catholic ancestors, he realised this would be an altogether diferent proposition. In Hermon’s words, Stalker “was in the Jungle now”.Still, Stalker conducted a thorough investigation, one that sufered from constant interference, obstruction and obfuscation, but his team’s fndings were alarming to say the least. They found that the ofcial narrative of the killing of Sean Burns, Eugene Toman and Gervaise McKerr, was entirely false. There had been no roadblock and the ofcers involved had been removed from the scene immediately after the killings to be debriefed by Special Branch ofcers. The original forensic investigation left much to be desired as it had initially studied the wrong crime scene, then Stalker’s forensic investigators found fragments of the bullet which

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    TWITT

    March/April 2022 33THE BAN against naming Soldier F, one of the Bloody Sunday murderers, by his real name, remains in force, but only in the UK. Last July, Colum Eastwood, leader of the SDLP, got around the prohibition by naming him under privilege in the House of Commons. War criminal‘Soldier F’ shot a number of people including Patrick Doherty on Bloody Sunday. He did so while Doherty was lying on the ground crawling away from him. Barney McGuigan stepped forward with a white handkerchief looking to help him whereupon Cleary dropped to one knee, aimed his rife and shot McGuigan in the head.By David Burke POLITICSTWITTWhen it comes to naming Bloody Sunday murderer, Soldier F, Twitter isn’t enforcing its own rules that allow censorship only in accordance with the laws of the tweeter’s own countryThe victims and families are not a threat to Soldier F’s life?The survivors and families of Bloody Sunday’s innocent murder victims have known perfectly well who F is for years and have left him alone. He has even posted selfes on social media, including one taken on a recent holiday. There is another one of him in circulation in what looks like a bar or hotel. Does the IRA pose F a threat? Hardly. If they wanted him dead, it would have happened by now. There is little chance that the IRA’s Army Council would sanction a hit with their minions in Sinn Fein edging close to political power in the South. Moreover, it suits them to have him alive as he is a propaganda stick with which to beat the British government. The same argument applies to dissident Republicans.There is only one realistic threat to F, and that is from his own side. F and his former superior, Colonel Derek Wilford, Commander of 1 Para, know the full truth about what happened on Bloody Sunday. Wilford had a secret conclave with soldiers F and H immediately before the Bloody Sunday massacre. Soldier H has since died. If, as I suspect, Wilford gave F and H orders to provoke the IRA by shooting at anyone who looked like a possible IRA volunteer, then F has a lot to fear. 34March/April 2022Twitter squall After the murder charges against F were dropped last year, his name appeared on notices in Derry, proving, yet again, that his name was well-known. The ban on naming F only applies to the United Kingdom. F was named by this magazine on its website A number of residents of the Republic retweeted posts emanating from Village highlighting the publication of the articles. They and Village were suspended by Twitter, mostly for a 12-hour period. A few weeks ago, ‘F’ was named by Peadar Tóibín in the Dail. Village reported Deputy Tobin’s speech later that night.  Feargal McCann, whose father was murdered by paratroopers ten weeks after Bloody Sunday, read the story and transmitted a tweet about it. Twitter locked McCann’s account.A twitter force feld to protect the ukFor a while it looked like Twitter might have had a point. It could have argued that tweets are international. Hence, one emanating from the Republic could reach the UK. The consequences of such an argument, however, have a far-reaching potential. If, for example, a Russian Court were to ban coverage of Alexei Navalny or Pussy Riot, Twitter might lock the account of anyone who mentioned them. Now it transpires that Twitter had the ability to block tweets from the Republic fying across the border all along. Will the PSNI pick on someone else?Someone – presumably the PSNI – is putting pressure on Twitter to provide them with the details of other account holders who have transmitted F’s name. At things stand, at least one such individual, Jim Smith, not a resident of the UK, has asked Twitter not to breach his GDPR rights by furnishing anybody with his details. No doubt the PSNI is hoping to fnd someone who is a resident of Northern Ireland and with a low profle, to make its point. The lone wolf argumentThe judge in Derry who acceded to the PSNI’s request for the ban pointed out in his judgment that threat assessments had been carried out in July 2019 and March 2021 which had found that F was at low risk from dissident republicans but that the threat level could rise if F was to be denied anonymity. The judge also stated that F faced a threat not only from dissident republicans but “from a lone actor, not a member of any organisation, but someone who might be prepared to carry out an attack”.These were perfectly reasonable grounds upon which to reach a determination, especially in light of the dire warnings put before him by the PSNI. However, in the months that have passed, no one from any quarter has lifted a fnger against F. If this precedent is to come the norm, it will become virtually impossible to name any defendant in future since anyone named in public could be targeted by “someone who might be prepared to carry out an attack”. Perhaps this could be a good thing – a robust extension of the idea that all accused are innocent until proven guilty – but it is notable that the PSNI is only making it for F, not for other criminals.Byron lewisParatrooper Byron Lewis broke ranks and told the truth about what he witnessed F do on Bloody Sunday.. In 1998 the Saville Inquiry – then up and running – recorded that Lewis “has had to move out of his home. Last night 2 men attacked the person he has been sharing a bungalow with while he was outside the house in his car. First they attacked the car, then they dragged him [the other man living at the bungalow] out of the car and beat him up…They ofered him a block of concrete and said, ‘That’s your one chance. Give it your best shot, because afterwards we’re going to kill you”. They mentioned Bloody Sunday,

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    Infamous Death-Squad Killer Dies

    March/April 2022 31Infamous Death-Squad Killer Diesserious shooting incidents, but he has escaped justice once and for all. He goes to his grave with many of the UK’s secrets regarding its dirty war in Ireland.That suits the British government and its armed forces but leaves victims and survivors bereft of truth and justice.Clive Graham Williams (British Army number 24031479) received a decorated soldier’s funeral, having risen to the rank of Major follow–ing an exchange with the Royal Military Police (RMP) in Britain and the Royal Australian Corps of Military Police (RACMP) in the 1980s.Lieutenant Colonel Craig Kingston of the Aus–tralian Army gave a cofn-side oration at Williams’ funeral:“Taf has many RMP highlights and the most notable being the award of the Military Medal when serving… in Northern Ireland in the 1970s. Today’s not the occasion to detail the circum–stances of how Taf was awarded the Military Medal, however it is the day to detail why a AN INFAMOUS killer, wanted in connection with a series of murders and attempted murders of Irish civilians in Belfast in 1972, has died.Clive Graham Williams, or Taf as he known to his fellow gang members, died just before Christmas.Despite proof of their involvement in serial mur–ders and attempted murders, the British courts brought neither Williams nor any members of his gang members to justice.The reason is simple. They had a licence to kill; and killed Irish civilians for the British state.Clive Graham Williams was a leading member of Britain’s Military Reaction Force (MRF), an extra-legal, covert, ofensive British Army unit which stalked the streets of Belfast in the early 1970s.In 2020, I collated archival evidence from secret British military logs which proved that Wil–liams and his death-squad were guilty of a litany of unprovoked and vicious attacks on unarmed civilians, including young teenagers. I presented this evidence in a report for the charity Paper Trail (Legacy Archive Research) which we then submitted to an independent investigative police team working under former English police Chief Constable, Jon Boucher.Only in June 2020 did the Police Service of Northern Ireland (PSNI) refer fles on seven former MRF soldiers to the Public Prosecution Service (PPS) although the British justice system has failed to hold any to account yet. Williams’ name had to be on one of those fles as I proved he was directly responsible for several By Ciarán MacAirtTaff’s secretive Military Medal was for nefarious murders in Northern IrelandThe reason for Lieutenant Colonel Kingston’s tasteless nudge-nudge-wink-wink about Williams’ medal citation may be because it covered the period when Williams and his death-squad were shooting unarmed civilians on the streets of BelfastMilitary Medal is bestowed on an individual. It is awarded to personnel for bravery in battle, for acts of gallantry and devotion, to duty under fre… Taf did not speak often about his medal and many who knew him in later years had no idea about his past, such was his humility”.Normally, the circumstances of the award of such a prestigious Military Medal would be the centre-piece of any British military commemora–tion, but, as I discovered over a decade ago, Williams’ Military Medal was recorded in the London Gazette of 3 October 1972.The reason for Lieutenant Colonel Kingston’s tasteless nudge-nudge-wink-wink about Wil–liams’ MM citation may be because it covered the period when Williams and his death-squad were shooting unarmed civilians on the streets of Belfast.Williams did not talk about the circumstances of his MM as it would have left him open to pros–ecution for serial murders and attempted murders. In my published research, I redacted his name and the other MRF shooters named in the fles to ensure I facilitated the work of the families’ legal teams.On 6 May 1972, then Sergeant Williams is named in relation to a report of the MRF sighting and fring upon 3 alleged gunmen beside Oliver Plunkett School in West Belfast. That area of Glen Road was a favoured hunting ground for Williams and his death squad.POLITICS 32March/April 2022The 39 Brigade Commander’s Diary records that the MRF fred 24 rounds from a submachine gun and claimed “1 hit defnite”. It alleged that the gunmen had a rife and 2 pistols, and fred two rounds in return. [See image i above]Williams and his unit had not hit a gunman. Wil–liams had just shot and badfrsly injured an 18-year-old unarmed teenager.The following night, an MRF patrol in the same area alleged it was fred on again and that they returned fre, claiming one defnite hit. [See image 2 above]. Lies again. The MRF had blasted and nearly killed a 15-year-old boy who was walk–ing home from the local disco.A few nights later, just after midnight, 13th May 1972, the MRF attacked local residents in nearby streets minutes apart. The neighbours were man–ning local vehicle checkpoints to protect the area from attack. [See image 3 above].A teenager was shot by the MRF whilst alight–ing from a taxi at one checkpoint in Slievegallion and a few minutes later the MRF alleged that it shot at seven gunmen in Riverdale. Again, there were no gunmen, just a group of local unarmed civilians – easy targets for the Brit–ish Army death squad. The MRF shot fve men, murdering one. Patrick McVeigh was a married man with six children.The British Army admitted no responsibility for the shooting but informed the media that there was a gun battle which was disputed by the local parish priest. Then, British Army PR told the media that the attempted mass murder was “an apparent motiveless crime” and only admitted it involved its troops many weeks later.At the time of his death, Clive Graham Williams was wanted for questioning for this murder and attempted mass murder too.He escaped justice for another attempted mass murder of unarmed civilians a few weeks later, although he was questioned and brought before the court, albeit a pro-state British court that was heavily weighted against the innocent civilians.Around midday on 22nd June 1972, Williams and his MRF death squad attacked the bus termi–nus on the Glen Road just

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    Maximus, Maximum profits, Minimal benefits

    March/April 2022 29Recently, the Irish Times(of 22 January) reported the entry of a major American company called ‘Maximus’ into the Irish market ostensibly to “get the country back to work”. The report stated: “A large US government contractor has made moves to expand to Ireland and is understood to be considering bidding to run State schemes aimed at getting jobseekers back to work.Maximus, a multinational company and significant US government contractor, has incorporated a subsidiary company in Ireland, which has yet to begin trading”.A quick Google search revealed that Maximus, both in the US and the UK, has a colourful track record.Obstructionist StrategyIn the US a Maximus strategy is to low-ball for contracts, making them seem like good value on the face of it. But the service they provide, which is more of a strategy for obstructionism than an actual service, means that their costs are negligible anyway, while their profts are always healthy, unlike the individuals, usually disabled, they leave in their proft-making wake. The US leftist magazine Mother Jones reports that “Most of what Maximus earns does not come from moving people into the “self-sufciency” that… is the goal of work requirements. It comes from managing the hurdles placed between the poor and public aid”.In the US in 2020 the company, described as being “notorious for backlogs and lost documents”, lost a contract in Kansas. According to the Kansas City Star, this followed “years of complaints about backlogs and mishandled Medicaid applications”.FalsifcationIn the UK, Labour MP Louise Haige described the company’s activities as revealing “a disconcerting pattern of behaviour” which included using By Eamonn KellyA company notorious in the UK and US for obstructing those seeking benefts is bidding for Social Welfare contracts in Ireland Labour MP Louise Haige told a parliamentary committee that: “There seems to be an alarming trend of cases being rejected based on factual errors or even – I hesitate to say this – falsifcation”“ftness for work” tests and often falsifying the results.During a debate in 2016 Haige told a parliamentary committee that:“There seems to be an alarming trend of cases being rejected based on factual errors or even – I hesitate to say this – falsifcation. I have had several cases of people telling me that their assessment report bears absolutely no relation to the assessment that they experienced with Maximus…One or two cases could be dismissed as an honest mistake, but the situation appears to reveal a disconcerting pattern of behaviour that indicates that the trade-of between cost-cutting and proft maximisation is being felt by very vulnerable people”.The idea that Maximus is in the business of “getting jobseekers back to work”, as the Irish Timeshas it, appears to be a deliberate falsehood. The nature of this deception was covered in a lengthy article by Tracie McMillan in a 2019 issue of Mother Jones. The article claims that Maximus was one of the leading companies in what the magazine calls “Trump’s war on the Poor”. The job-creation aspect is actually more of a Trojan horse for a system that is designed to place itself between providers of public services – usually health and welfare – with a view to dissuading people from applying for benefts they may be qualifed to claim. They achieve this by deliberately applying bureaucratic overload to applicants, based primarily on the false lure of job creation. Simply put, they snow people under in paperwork when the applicants try to prove eligibility for, and an ability to, work.Job CreationBut in practice the company shows little or no interest in job creation. In fact, when applied to disabled people, as it was in the US and the UK, the ruse was cynical in its pitch that it was simply “helping” people towards independent living, when in fact the trick was to help Maximus by disqualifying those who were eligible for help and services.The company was so successful in this in Kansas that nursing homes began to go out of business due to a sudden dearth of qualifed seniors. But worse than that, “assigning the contract to a private company had eroded the state’s capacity to perform the work itself”.The result was that Kansas had to continue employing and paying Maximus to perform inadequate work, simply because Maximus had supplanted the previous infrastructure, much as Maximus intends to do now with the Local Employment Service Networks in Ireland. They will probably be used, judging on past Maximus performance, as “hides” to seek cuts to welfare and health benefts and to discourage applications for services, as well as allowing Maximus’ entry to the Irish market to ofer other Maximus, Maximum profts, Minimal beneftsNEWS 30March/April 2022similar “services” in health and welfare.Similar to the strategy used in the UK, Maximus essentially buries applicants for medical care in paper-work related to job-searching, until the applicant gets weary of ever applying for the benefts they may be qualifed for, and simply gives up.Maximum HarmIn the Irish context it is to be hoped that Maximus will employ staf from the old Local Employment Service Networks. But potential employees might be wise to hesitate before hitching their wagon to Maximus.In February 2020 the Topeka Capital Journal reported that “Communications Workers of America…fled a complaint against Maximus with the US Department of Labor alleging Maximus classifes highly skilled employees as low-level workers to avoid paying higher wages”.This complaint preceded a report entitled ‘Maximum Harm’ by the Government Contractor Accountability Project.The report said: “Problems at Maximus have at times directly impeded vulnerable Americans from accessing the health services that they desperately needed…Maximus has also been implicated in performance failures that afect the security of health system information, health care provider payments, and stewardship of public dollars”.The company then is associated with poor performance generally, and in particular with poor fnancial management of public monies and with treating data with inadequate confdentiality. In Ireland it is envisioned that Maximus will supplant the already existing Local Employment Service Networks, using the network to create a false job-creation front in order to go

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    Wrong,Twice

    28March/April 2022EnRight, twicelanguage”. Content andtone. And also found that “Mr Enright did not act in good faith”.Nevertheless by 30 in favour and 1 abstention [Councillor Pat Barden] the Councillors voted to “note [SIPO’s] Report and to take no further action in the matter”. Director of Services Eamonn Hore then made a statement on behalf of the Management Team “strongly supporting the Chief Executive Mr. Enright”.It is clear that legal advice to the Council, which perhaps improperly was not minuted, was ofered by its law agent who, being responsible to the CEO and normally providing his legal advice – sometimes in the face of the Councillors – must be deemed to lack the necessary independence and to be objectively biased. Section 168 of the Local Government Act provides: “In carrying out their functions it is the duty of every member and every employee of a local authority to maintain proper standards of integrity, conduct and concern for the public interest”.Section 2.2 of the Code of Conduct for Employees provides inter alia: “Local authority employees must maintain the highest standards of integrity by:- • acting in a way which enhances public trust and confdence;• ensuring that their conduct does not bring the integrity of their position or of local government into disrepute. • serving their local authority conscientiously, honestly and impartially”Readers will make up their own minds as to whether the CEO of Wexford County Council, his congratulatory management team and Councillors who applauded him with a standing ovation on the occasion of consideration of a report from SIPO detailing serious ethical contraventions have themselves, in so doing, breached the Ethics Acts and Code of Conduct. contraventions too.On 14 January 2022 the Irish Timesreported that Wexford County Council voted that day not to take any action against Tom Enright following the fndings. They were legally required to consider what action to take. At a special meeting to do so they gave “a standing ovation to Mr Enright at the meeting’s conclusion”.A Statement delivered by Tom Enright that day, went as follows:“I welcome that the Elected Members of Wexford County Council have today decided that no action will be taken in relation to the fndings in the SIPO report published last week.I wish to state again that I regret the tone of the two e-mails sent to South East Radio. However, I was standing up to the radio station who were shown to have breached the Broadcasting Act and who I was informed were acting in a deliberately biased manner against the Council.I am very passionate for the work that Council staf and Councillors do to make County Wexford a better place and some of that passion overfowed into these two e-mails. I cannot thank people enough for their support during this time. I have been overwhelmed and humbled by the large outpouring of support. Hundreds of messages of support, many from people I don’t even know and have never met…”. Skimpy minutes of the Council meeting record that:“The Council invited the Chief Executive to make a submission in respect of the Report…There followed a lengthy discussion to which many members contributed. Members spoke positively about the Chief Executive’s contribution to the Council and to the County, with many expressing the view that Mr. Enright had acted in good faith at all times and in the best interests of the Council.But SIPO had found the CEO’s emails “fell below what is expected of someone in his position, in terms of content, tone, style and In December 2021 the Standards in Public Office Commission (SIPO), found that Wexford County Council CEO Tom Enright breached the Local Government Act in sending two emails to South East Radio in August 2019 in which he threatened to withdraw Council advertising with the station, during a dispute over the station’s coverage of the Council.SIPO set out detailed particulars of contraventions of the Local Government Act: of section 168 (failing to maintain proper standards of integrity, conduct and concern for the public interest); and of section 169(3) – (failing to be guided by the Code of Conduct for Employees).The three contraventions related to Mr Enright’s emails and the second and third contraventions were premised on the contention that the emails amounted to “putting pressure on the station to alter their broadcasting practices by threatening to withdraw funding from the station”. As regards the frst contravention, SIPO found: “The emails were not the appropriate recourse and amounted to an over-reaction and inappropriate confation of issues on Mr Enright’s part. They fell below what is expected of someone in his position, in terms of content, tone, style and language. The emails amounted to an inappropriate confation of the issues of, on the one hand, the coverage of the Council on South East Radio and Mr Enright’s dispute with Mr Fitzpatrick, and on the other hand, the Council’s commercial relationship with the station. In this way, Mr Enright misused the Council’s position as the station’s primary advertiser, in efect ‘throwing around the weight’ of the Council’s purse. Mr Enright’s conduct in this regard was a serious contravention of the statutory provision. In addition, the Commission fnds that Mr Enright did not act in good faith, nor in the belief that his actions were in accordance with guidelines published or advice given in writing under s. 12 or s. 25 of the Ethics Act”. He was found to have committed the two other NEWSAfter SIPO decided he’d breached the Ethics Acts Wexford County Council CEO Tom Enright and Councillors who ovated him breached Ethics Acts again by disrespecting the decision, and in Enright’s case by denying fndings of bad faith and of impropriety of content not just tone against himBy Michael SmithTom Enright: not good faithWrong

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    (Almost) nobody could read the accounts properly

    24March/April 2022ON 7 April 2009, the Minister for Finance, the late Fianna Fáil TD Brian Lenihan, introduced the National Assets Management Agency, a “bad bank”.In response to the Ministerial announce–ment, Bank of Ireland assembled an internal ‘Specialist Property Group’ with the task of identify–ing what they could sell to Nama.By that September, this Group collated loans styled as ‘Financial Assets Held for sale’ (AFS). In their announcement, Bank of Ireland stated this AFS was worth €16 billion. This was a valuation already based on better days. This €16 billion toxic loan bundle was responsible for 12% of their total loan book.Brian Lenihan always made it very clear that Nama would not be stumping up on the valuations the par–ticipating banks were citing.In total, these banks quoted roughly €77.4 billion for these toxic AFS lots.When all the dust settled; Nama would pay €31.7 billion. So the banks took a 59% price reduction on their ‘high hopes’ valuations to sell to NAMA. The Financial Statements for the year ending 31.03.2008 contained within the Annual Report pre–sented at the Bank of Ireland AGM earlier that year (July) reported that they had doubled the rate of impairment charges against their loan book; 14% of total loan book value (LBV) at year-end 2007 as against 28% LBV by 2008. So an avid reader of the Bank of Ireland Annual Report and accompanying (Almost) nobody could read the accounts properlyBy Vanessa ForanHow Bank of Ireland opened the gateway to private equity and morphed Ireland into a fertile habitat for cuckoos and vultures Nothing points you to receipts, only to impairments and lossesFinancial Statements would already have know their loan assets were heavily impaired by the time NAMA was instigated.So the 12% of customer lending assets now being treated as a toxic AFS on the same balance sheet, had already thrashed the bank and its shareholders with impairments.Providing for estimated bad debts is a standard practice usually based on specifc events assessed on industry standards: on payment history and on external factors, like market and regulatory condi–tions such as taxation and legislation. What the originating drawdown value of these loans, plus the loss of their expected interest income was before their send-of to Nama, is anyone’s guess, but we do at least know, because PWC confrmed it in their Audit Report, that within domestic lending oper–ations alone, standard debt provisions went from €63 million in 2007 or 14% of total LBV, to o 28% LBV (or €146 million) by year end 2008. You might now also recognise that Bank of Ireland was still aggressively growing its loan book throughout 2008. Then there are additional Impairment Charges. In the Annual Report for the nine months of the year to 31.12.2009, “impairment charges” are mentioned 73 times. Of the total Impairment Charges subtracted from the Loan Books, 55% of them or € 2.778 billion had to be taken from that AFS, leaving it worth €12.235 billion within months of its €16 billion prom–ise, before getting further treatment in the small print of notes.What the drawdown worth of the individual loans NEWSBank of Ireland was vulturised by funds that understood its confusing accounts March/April 2022 25within that AFS might have been when con–tracts were signed between the creditor bank and the borrowing debtor could give rise to some dirty thoughts, because that is the stage and value when agents’ commissions and bankers’ bonuses gets earned. In fact, I would contend that there is a public right to know about these sums, even as a ‘How it started; how it’s going’ exercise. We did after all guarantee and pay for many of the loans, after bonus’ and commissions were paid out.Those loans might have had vastly diferent originating values to where they now ended up, in an impaired toxic bundle quoting €16 billion in September 2009, that dwindled to €12.235 billion by December, that when matched with its year-end Impairment Adjustment, if you managed to follow it through the notes.(pg 204-205 Note 25) was really €9.457 billion.The purpose of fnancial information is to help users make decisions and form opinions.My own confdent opinion is that if all their orig–inal contract drawdown values were combined, then a value of upwards of €40 bil–lion for that €16 billion AFS bundle is not impossible. By the end of 2012, when all the diferent transfer stages were completed, Nama agreed €5.433 billion for this AFS. Paid by using Nama bonds of diferent shapes.None of us would have known this, as none of the consideration is lined out as income earned; or as a beneft receipted from the sale of a material asset, even a toxic held-for-sale asset, on the bank’s 2010 Income Statement. That is the trading period during which the vast bulk of this loan book moved out from Bank of Ireland.No matter who was reading those accounts, this AFS asset was most defnitely material (capable of infuencing a decision) to the fnan–cial position of Bank of Ireland as 12% of Total Lending Assets makes it material, even if based on a March 2009 Balance Sheet position; 12% of total lending assets is self-evidently material. If you were reading those accounts, you might have got the gist of the sales to Nama from the netting and rounding of you can make out within the notes (specifcally 15, & 16, pg 240 YE2010). These all declared the impair–ments and movements in losses, but not the consideration or beneft received. Likewise in the 2010 Cashfow Statement nothing points you to receipts, only to impair–ments and losses. The post-transfer losses of this Bank of Ire–land AFS Loan Bundle were now around €10 billion.There is commentary in notes, small print of course, and there is mention of the loss being limited to €9.45 billion (pg 220 Critical Esti–mates and Judgements: also, pg 251 Note 28). When values are reported in millions and bil–lions, rounding can be signifcant. However, even from the September 2009 market announcement informing the world of Bank of Ireland’s newly prepared €16 billion toxic loan bundle, tracking its

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    Garda investigation of Leo Varadkar

    March/April 2022 23Ifrst reported in Villagethat Leo Varadkar had improperly passed a draft contract to a friend Maitiú O Tuathail. The article was published on 31 October 2020.The story was headlined “Leo always delivers’, the cover was ‘Leo Law Breaker’. The cover of the following edition was ‘It’s a Crime’. Under cover of Dáil privilege Varadkar said he’d received advice the frst Villagearticle was defamatory, accused Villageof being “fringe” and said it had no resources so he’d been advised suing would be “like suing Twitter”. It would not. He also swiftly issued a long and badly conceived statement saying he had not broken the law. There was a furore. I wanted at all times to frame the issue as one of breaking the law. Few enough of the TDs, who debated the issue with much heat on two occasions as an issue essentially of impropriety, or the media, saw it thus. After that I drove an initiative to have the matter investigated by the Garda. On 13 November 2020, I wrote to the Detective Chief Superintendent in charge of the Garda National Economic Crime Bureau on behalf of myself and Chay Bowes, who had informed the entire Law Breaker story and who, unlike me, had direct evidence. He and I separately met detectives from the National Bureau of Criminal Investigation soon after. I have met them several times since, the last time in January 2022.The position of a journalist or editor making a criminal complaint is invidious and I have tried to balance the proprieties – for example my obligation to the truth with my concern for justice. I’m also a lawyer by training.All this has led I believe to extreme circumspection on my part and considerable circumspection on the part of the magazine in commenting on the ongoing investigation.I have never predicted the outcome of the detectives’ work, never given details of, or described the nature of, the evidence I have given, never commented on whether Mr Varadkar should be prejudiced in his advancement if the investigation remains unresolved, or indeed on whether he should resign. I have not given interviews or replied to his disparagements including that some of those behind the complaints (and there are NEWSBy Michael SmithGarda investigation of Leo Varadkaronly two of us) support another political party in competition with his own. Whatever anyones says the document leaked was a draft contract, a “confdential” ‘Terms of Agreement’ between the Irish Medical Organisation, the HSE and the Department of HealthI do, however, reserve the right to clarify the basic record. I have a right to say I have at all times facilitated the inquiry and reacted quickly to requests for meetings. I don’t believe there have been any attempts to frustrate the Garda’s work, which they seem to be carrying out carefully and efectively. Some basic errors have become received wisdom in media reports.I also think it is appropriate to put the document above into the public demesne as it clarifes the rudiments of the complaint.

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