Corporate enforcer forced to wait years for key appointments of forensic accountants and computer experts

This is a two part-blog. First half is a story about the chaotic saga of getting forensic accountants appointed to Office of Director of Corporate Enforcement. Second half is about a similarly chaotic process of trying to fill a vacancy for an IT expert who could examine electronic evidence in the office.

Uploaded below are 600+ pages of documents that chronicle six years of communications between the ODCE and the Department of Jobs, Enterprise and Innovation about staffing levels.

The final three years surrounding appointments of specialist staff make for depressing reading.

Part 1:

HIRING six senior accountants for the Office of Director of Corporate Enforcement took more than two years amid chaos over getting the jobs approved and advertised.

At one stage, ODCE boss Ian Drennan said the entire process had been “nothing short of a disgrace” and that he was “mortified” about the prospect of a job advertisement filled with errors appearing in the national press.

The saga over getting the posts filled caused major discord within the Office and also the Department of Jobs and Enterprise, records released under FOI have revealed.

The ODCE first came looking for the posts in April 2013 after Ian Drennan – who had recently been appointed the Director of Corporate Enforcement – carried out a staffing review at the office.

There was public disquiet at the time because the ODCE only had a single accountant available while dealing with major investigations.

A Departmental submission said: “The situation arising where one of the main investigating agencies of those billion euro events has only one accountant’s experience to call upon is an unacceptable situation.”

By February of 2014, sanction from the Department of Public Expenditure [DPER] was still not forthcoming seven months after the ODCE had first come looking for extra staff.

An email between civil servants said: “I consider that the delay by DPER in responding to requests for sanction is not acceptable.

“Enforcement bodies such as the ODCE … should not be starved of key skills which they have identified are necessary to enable them to fulfil their statutory mandates.”

The email suggested that the matter now needed to be escalated and that then Minister Richard Bruton would contact his ministerial colleague Brendan Howlin directly.

By March, still nothing had been done with one email directly linking the delays in getting sanction to the banking crisis.

It said: “It is difficult not to see the delays in sanctioning recruitment (due to scarce public money) as being the result of the State having to aid private institutions that got into difficulty due to poor corporate governance.”

In May, with sanction for the jobs still not approved – the ODCE were separately contacted about cutting their costs by more than 6%.

An email by the Office’s now Head of Insolvency Conor O’Mahony said the latest cut proposed could have a “material risk” on whether they could properly investigate and prosecute significant cases.

By June, a letter from Minister Bruton was finally sent to the Department of Public Expenditure pleading the case for the extra accountants.

Sanction was not granted until October however, at which point the Department of Jobs began the process of getting the job hunt started.

One internal email explained how they were hopeful of getting the jobs filled early in 2015 – but that proved hopelessly optimistic.

By May, nothing had happened and work on the advertisement had been “crowded out” by a variety of issues in the personnel department “too many to number”.

At a meeting in July between the Department and the ODCE, the Office again pleaded for the process to be speeded up and asked that the jobs be advertised the following month.

By September, still nothing had happened and Ian Drennan wrote directly to the Department saying he was “anxious to progress this matter”.

A commitment was then made that the jobs would be advertised early in November but once again, crossed wires saw it delayed.

In late November, the text of the advertisement was circulated but was, according to the records, seriously problematic.

One internal email said: “It would be an embarrassment to the Department if it were to be published as drafted.”

Ian Drennan was also furious and in an email said: “Personally, I have nothing further to say on this subject. The manner in which this has been dealt with is nothing short of a disgrace.”

In another, he said the advert made no sense and “reads as though it was drafted by a child”.

Kevin Prendergast, the ODCE Head of Enforcement, said it did not even include a description of the actual job involved. He wrote: “What will issue tomorrow is something of a slap in the face for us all.”

The advert – with some of the mistakes corrected – did eventually appear and 46 people applied for the posts. However, interviews were delayed because of difficulties in getting a fraud expert for the panel.

In March 2016, the appointments finally went ahead after successful candidates were selected.

In a statement, the Department of Jobs said: “The challenges inherent in the recruitment of specialist staff resulted in delays recruiting these specialist staff once sanction had been secured.”

The ODCE said these resources were part of the report submitted to Tánaiste Frances Fitzgerald in June after the botched Anglo trial.

“As the report is a confidential document, the ODCE is not in a position to elaborate further on its contents,” they said.

Part 2

THE Office of the Director of Corporate Enforcement (ODCE) warned that it was being “compromised” on procurement laws because it did not have the capacity to analyse large amounts of electronic evidence.

The ODCE told the Department of Jobs that it did not have the in-house capacity to deal with huge amounts of data that had been seized as part of its investigations.

The corporate enforcement office had first asked for a computer expert to be hired in 2014 but the appointment did not take place until over two years later.

At one stage, even though it had been listed as a “priority” appointment, it was skipped and a potentially suitable candidate was assigned elsewhere in the Department of Jobs, Enterprise and Innovation.

In internal Departmental emails obtained under FOI, two senior civil servants raised major concerns last summer over why it had taken so long to fill the job.

One message said: “As you know, the sanction was received in October 2014. You will see from the letter that Minister [Richard] Bruton stated very clearly that he considered the ‘filling of these posts/vacancies to be of priority importance’.

“It is very concerning to see that a post that the Minister considered a priority two years ago was not prioritised by the Department.”

In another email, a different senior civil servant asked: “Surely a post that was considered of priority importance by the Minister two years ago should have been at the front of the queue for any available and suitable staff.”

In response, one of their colleagues said the Department was having serious difficulties in filling roles that required computer expertise.

The Department had been in discussions with the ODCE about hiring a person with IT experience but in the meantime, a “critical vacancy” had emerged in another section of the Department and the candidate was placed there instead.

In September last year, an internal Departmental email noted the ODCE still did not have an IT expert and looked for “urgent sanction” to make the appointment.

The memo said: “[Their] ability to progress investigations is hampered by the lack of in-house ICT expertise to analyse electronic data seized as part of its investigations.”

Later that month – further discussions took place saying that the appointment would need to be at a higher level to get the appropriate IT skills.

One internal email said: “The idea that somebody with such exceptional/scarce ICT skills in the private sector would take a HEO [higher executive officer] post in the Civil Service is not realistic.”

The records also show that the ODCE were also consistently raising issues over their lack of a computer expert.

In July 2016, Head of Enforcement Kevin Prendergast wrote: “Our ability to progress this [a case understood to be Anglo] and other investigations is regrettably hampered by the lack of in-house expertise to analyse the electronic data seized.”

They said their ability to go through proper procurement procedures was “inevitably compromised” because they were under so much pressure to deal with tight court deadlines.

As a result, they were being forced to use professional services that had been sourced externally

Mr Prendergast wrote: “Effectively we are caught between the rock of our legislative remit in relation to the pursuit of criminal investigations and the hard place of proper compliance, as staff of the Department, with public procurement best practice.”

He asked that the Department would impress on their management the “absolute priority” of filling the vacancy.

The ODCE has said that resourcing issues form part of the report they submitted to Tánaiste Frances Fitzgerald in the wake of the Anglo trial debacle.

Asked specifically about the procurement issues and the hiring of an IT expert, they said they had “no further comment to make”.

The Department of Jobs said in a statement: “The recruitment of specialists in the ODCE was delayed due to a number of factors including obtaining sanction for posts and competition in an improving labour market for specific skill sets.

Queried about the procurement issues, they said: “That email highlighted that the lack of IT expertise in the ODCE may hamper the Office’s ability to comply fully with public procurement practices in certain circumstances.

“The Department is not aware of any instances in which the ODCE did not comply with public procurement guidelines. Further, an IT forensics specialist was recruited by the ODCE earlier this year.”

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Department warns over serious danger of fraud in annual spending of €340-a-million on childcare schemes

CHILDREN’S Minister Katherine Zappone has been warned that childcare schemes across the country are wide open to the potential for fraud.

In a submission, Ms Zappone was told there were “serious concerns” over the Department’s ability to monitor around €340 million in annual spending.

The memo said the current system allowed services to make “over-claims” and that it was impossible to be sure that funding was being used for the reasons it was provided.

More than twenty schemes were identified where the number of children officially registered was much higher than the numbers of kids actually attending.

Five separate schemes benefitting more than 100,000 children each year had been introduced in a “piecemeal fashion … at different times and when governance and compliance requirements were less clear”.

The submission was seen by Minister Katherine Zappone in April of this year who said she wanted a pragmatic approach to dealing with the problems raised.

Alarm bells had been set off in December 2014 when an audit of one childcare facility discovered over-claims of around €500,000. It is currently the subject of a garda investigation.

However, the internal memo warned that the problems identified were “systemic in nature” and could only be dealt with by new law, strong rules, sanctions, and new contractual requirements for service providers.

It said: “Various audit reports have found concerning levels of inadequacy with financial and compliance rules.”

The submission – obtained under FOI – said the so-called Community Childcare Subvention scheme was particularly problematic because the rules surrounding it were so ambiguous and inadequate.

It warned: “Fraud may be facilitated where the design of a scheme does not provide for a process to appraise the financial, administrative, and structural fitness of recipients of state funding.”

The memo said that Pobal – which manages programmes for the government and EU – was responsible for auditing the childcare services but that their hands were sometimes tied by the lack of clear rules.

Minister Zappone was also told that they also needed to examine whether Pobal was “adequately resourced to provide a robust compliance and audit function”.

In 2016, the Department had commissioned an audit by accountancy firm Mazars to look at early years services, according to the records.

Thirty different services had been looked at and while widespread fraud had not been discovered, the report says there were weaknesses in financial control and management.

The submission explained: “In some cases, Pobal … has been unable to satisfactorily complete audits due to lack of adequate records.

“Services themselves often report that they do not have sufficient resources to dedicate to the administrative burden of meeting governance requirements.”

According to a compliance report by Pobal, 1,314 out of 3,000 services visited were ‘major[ly] non-compliant’ with the terms of their childcare scheme.

They said weaknesses identified were not always evidence of fraud or the misappropriation of funding.

However, in many instances, the number of children recorded at the centres was inaccurate and created a situation where “the accuracy of subvention payments cannot be assessed”.

In almost two dozen cases, serious compliance issues were identified where the number of children registered was significantly higher than the numbers attending.

“At present there is no effective means to verify the scale of the problem,” the report said.

Minister Zappone was also warned that expansion of childcare funding – some of which was announced in last year’s budget – could leave the Department open to further problems.

It said: “Issuing new contracts and providing increased funding to existing or to new services without appropriate governance systems and structures to enable assurance of good practice regarding state funding could leave the Department unable to verify the proper use of money provided.”

In a statement, the Department said they were working “intensively” to address the issues raised in the submission.

They said the schemes had been introduced quickly with limited resources to manage them but that tens of thousands of families had benefitted over the years.

The statement said: “The Department has been working for some time to ensure appropriate financial and administrative compliance in this area, balanced with sufficient flexibility to enable small, local providers to meet important needs of young families.”

They said many of the governance and compliance issues would be addressed when the new Affordable Childcare Scheme is put in place.

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RTÉ should review loss-making public service broadcasting, internal Department of Public Expenditure documents say

THE Department of Public Expenditure said RTÉ needs to cut costs more before any commitment should be made to give them extra funding.

RTÉ should be asked to review loss-making public service broadcasting and even look at what services it was providing, an internal Departmental briefing note says.

The memo for Minister Paschal Donohoe was prepared as part of discussions over the sale of lands at the broadcaster’s campus in Montrose.

It said that both RTÉ and the Department of Communications were looking for funding for the broadcaster to be restored to 2009 levels when it was €20 million higher.

However, the Department of Public Expenditure said that they “did not necessarily accept that further additional Exchequer funding should be provided or that the level of Exchequer funding should be restored to its peak”.

The submission said that they expected RTÉ would again ask for more money in Budget 2018 and that chair of the board Moya Doherty was seeking a meeting to discuss the broadcaster’s “poor finances”.

It said that the broadcaster had done all it could in cutting operating costs but that savings might be available elsewhere.

“That does not mean that the level of loss-making public service broadcasting could not be reviewed and/or that non-Exchequer solutions to RTÉ’s problems could be pursued,” it said.

The report said other options were available including increasing the licence fee, tackling its evasion, and targeting “advertising leakage”.

“In short, all factors driving RTÉ’s costs (including assumptions about what services it should be providing) and revenues should be examined before concluding that additional Exchequer funding should be given” it said.

Minister Donohoe was also told he should approve the land sale at Montrose and that the money raised was not going to be used to shore up operating losses.

RTÉ had not been prepared to share what they hoped to receive from offloading the nine acres saying that it was “commercially sensitive”.

However, the Department significantly under-estimated the amount that RTÉ did eventually receive saying a sale figure of between €50 and €70 million could be expected. In the end, the land was snapped up by Cairn Homes for €107.5 million.

The briefing note, obtained under FOI, also warned that the sale of the lands could have a significant impact on the amount of fiscal space available to the government.

It illustrated how it would be preferable if RTÉ spent the money they raised very quickly because of EU rules on accounting for land sales.

The submission explained: “If €50 million was received in 2017 and was spent by RTÉ in 2017, it would have no impact on fiscal space in 2018.

“If €50 million was received in 2017 and was spent by RTÉ in 2018, it would reduce fiscal space in 2018 by €100 million.”

A separate briefing document prepared for Communications Minister Denis Naughten explained that just over one third of the money raised was going to be used to fund “organisation restructuring”, understood to be a redundancy scheme.

It said that 46% of the cash would go towards “capital investment in digital technology and services and upgrades of buildings in Donnybrook to facilitate collaborative work spaces”.

Just under a fifth of the money was going to be used to refinance existing debt, the memo said.

Minister Naughten was told that early in 2017 was the best time to sell the land to avoid the property slowdown that comes each summer, and the risk of any unforeseen economic shocks.

The submission also explained how sales agent Savills thought it would be better not to put an advance valuation on the property because it could have a “detrimental impact” on the bidding process.

It said that Minister Naughten should approve the process only if the offer met “value expectations” and that his consent would be for twelve months only.

The Department of Public Expenditure said in a statement that it had a shareholder function in relation to how commercial state bodies like RTÉ operate.

They said: “[We believe] that all factors driving RTÉ’s costs should be given consideration as part of ongoing efforts to ensure the commercial sustainability of the broadcaster.

“In relation to funding, an additional €5 million was provided to RTÉ in Budget 2017. The Department … has no further comment to make on the content of this submission.”

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Irish Water’s parent company Ervia looked for €250,000-a-year salary for new chief executive, €30,000 more than agreed

IRISH Water’s parent company Ervia looked for a €250,000 salary for its incoming chief executive despite being told the pay for the position had to be €30,000 less.

The appointment of former Bórd Na Móna executive Mike Quinn was eventually agreed with a pay package of €225,000, a hike of €5,000 on what had originally been agreed on by government.

A significant bonus of VHI health insurance for the candidate’s family was also included as part of the deal along with a car and pension entitlements.

Departmental documents obtained under FOI by Right to Know also show how Ervia, which runs Irish Water along with gas networks in Ireland, was having serious difficulties in finding a candidate for the job.

In January 2017, a €220,000 pay package was agreed by Minister Paschal Donohoe with the use of a car also provided for the role.

Health insurance would be available through a group scheme – however, the candidate was going to have to pay for it themselves.

In May however, Minister Donohoe was told by civil servants that following the recruitment process “a change to these terms” was needed.

A submission to Mr Donohoe said: “The revised package includes a salary of €225,000 and health insurance for the CEO, his spouse and his dependent children through the company’s group membership at the company’s expense.”

It also said the contract should be flexible regarding the nature of the role if unforeseen changes, including upheaval over Irish Water, ended up with any major restructuring of the group.

A note on the submission from Minister Paschal Donohoe says simply: “I agree.”

Internal records from the Department of Communications explain that 187 different candidates had been identified for the job originally.

However, many had withdrawn “due to the complex nature of the job” and what was described as a “significant gap in salary expectations”.

A briefing document explained: “Eventually six candidates were shortlisted with three progressing to the final interview. One of these withdrew due to the salary package on offer.

“The Ervia chairman has indicated that, following detailed psychometric testing, a standout candidate was chosen by the interview panel.”

After discussing terms with the candidate, Ervia decided that a salary package of €225,000 per annum plus the family health insurance would be required.

NewERA – a branch of the National Treasury Management Agency that offers advisory services to government – were asked to examine the proposal.

In their report, which has been withheld under FOI, they are understood to have agreed with the increased rate of pay.

The briefing document said: “Having considered the strong advice of the board [of Ervia] that they have one recommended candidate only, NewERA has recommended that reliance is placed on the Board’s assessment of the require remuneration terms and that the requested approvals are given.”

The views of Minister Denis Naughten were also sought and in May, he signed off on the enhanced deal.

The submission also explains how Ervia had originally wanted a quarter of a million euros for their candidate but had come back with a lower offer.

It said: “Ervia had initially sought an increase in the package to €250,000 plus VHI family insurance. Following further negotiation, it appears that €225,000 plus VHI family insurance will be acceptable to the candidate.”

In a statement, the Department of Public Expenditure said they agreed with Ervia that an improved package had been needed.

They said: “The Board of Ervia made a strong business case for the proposed terms and conditions. This was accepted by both the Ministers for Public Expenditure and Reform, and Housing, Planning, Community and Local Government.

“Under the circumstances, the Department is satisfied that the specific terms are appropriate for this post.”

They said that the salary range allowed for the post was between €190,014 and €238,727 and that the new chief executive, who will start in October, will be paid less than his predecessor.

Michael McNicholas, who had held the role, had been given a more generous salary “on an exceptional basis, reflecting the challenges for Ervia in establishing Irish Water as a subsidiary”, Departmental documents said.

In a statement, Ervia confirmed they had originally sought €250,000 for the new candidate and said the package eventually decided upon was “a matter for DPER [the Department of Public Expenditure]”.

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Gardai did not have a single staff member assigned to chase up €2 million in overpayments in salaries and pensions, audit report reveals

GARDAI have been overpaid by almost €2 million in pay and pensions but the force does not have enough staff available to get the money back.

An internal audit report has revealed that chunks of the money will end up being written off because of difficulties in recovering it.

The report on financial controls, prepared for Garda Commissioner Noirín O’Sullivan and obtained under FOI, also said there were not enough staff to recoup the money.

At one stage, not a single person was responsible for collecting the significant amount of money owed.

The internal auditors said the figure had grown substantially in recent years as closer scrutiny of payroll had begun.

That suggests that the true scale of overpayment may well be even higher even while virtually no effort was being made to get it back.

The report from March this year explained that the “Recoupment Unit” had at one stage been beefed up following a critical internal audit.

However, by October 2016 there was not a single person working there, and later only one half-time position allocated after internal audit again raised concerns.

The report said: “It is essential that as a matter of urgency and until the balances have been reduced to a more acceptable level that a staff complement of at least three full time equivalent staff … should be provided to this unit on a permanent basis.

“It is likely that write-offs for some of this debt will be required but every effort should be made to recoup as much of this outstanding balance as possible.”

It said the overpayments occurred for a variety of reasons including people being paid higher salaries than they were entitled to and “late notifications regarding payroll adjustment events such as unpaid leave, allowances, sick leave and rates of pay”.

Also problematic were overpayments of pensions to deceased former members where people continued to be paid long after they died.

Social welfare benefit retention was also an issue where members received “welfare payments … directly” when they should have gone to the gardai.

Overall, €1.9 million was found to have been overpaid, an increase from how much was owed the previous year of more than €375,000.

The report said: “The total increase in this figure from 31 March 2013 to 30 June 2016 is €1,219,742 or an increase of 210%.”

The report is heavily redacted in parts with one entire section of the “significant issues” identified withheld from public view.

Large parts of the conclusion, including findings relating to the garda college, have also been kept secret.

The report also reveals how the internal audit of the gardai is feeling the strain because of a lack of staff. Of the audit plan for 2016, only 79% of it was completed “due to staff vacancies”.

The approved manpower for the section is eleven but only eight were employed while a professional accountant position had been unfilled for six years.

The report also said the internal audit unit had been under pressure because so much time had been spent dealing with legal issues over the financial fiasco at the Garda College at Templemore.

Overall, the report found that there were no less than 37 priority one recommendations – the highest level available – that needed “immediate attention”.

Problems with the availability of gardai for frontline policing were also identified in audits of three separate policing divisions around the country.

Of 435 gardai on duty on the day of the audit, only 195 were available for “patrolling and high visibility policing”.

The report concluded: “It is essential … that more uniformed staff are moved to the normal roster of patrolling, crime prevention and high visibility policing.

“It is unsatisfactory that administrative roles continue to be assigned to garda members that could more appropriately be undertaken by civil servants.”

In a statement, the Garda Press Office said overpayments of salaries and pensions were notified to human resources on a quarterly basis.

They said: “The pursuit of overpayments of garda pensions is a matter for the Department of Justice … Financial Shared Services Centre.

“An Garda Síochána has established an Overpayments Management Unit. When an overpayment of a garda salary is notified, the … Unit liaises with the employee, informing them of the overpayment and arranging for its recoupment.

“It is expected that the staff member concerned will reply within 14 days agreeing a repayment plan. However, a standard deduction of 10% of gross salary may be established where staff fail to engage.

“Individual circumstances are always considered and discretion in utilising this facility is used, particularly in circumstances where the staff member is on sick leave and may be pay affected.”


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No fire stopping in ceilings between bedrooms and an emergency exit that led into a storeroom forced closure of Irish asylum seeker centre

A CENTRE for asylum seekers was shut after a fire safety inspection found serious deficiencies including an emergency exit sign that led into a store.

The biggest problem discovered was that no fire stopping had been fitted in ceilings above the accommodation, which would have allowed a blaze spread quickly between bedrooms.

The Westbourne Holiday Hostel in Limerick had been used for housing asylum seekers for more than fifteen years.

In January, the Department of Justice said they were terminating their contract with the centre because of a failure to carry out “essential maintenance”.

The extent of the issues have now been revealed in documents released under FOI including a fire compliance report that detailed fourteen separate failings.

Prepared by a firm of consulting engineers, it contained a long list of “deficiencies” – some relatively minor but some much more serious.

Protected stairways had no firestopping and there were no partitions in the areas above the bedroom ceilings, according to the report from February of 2016.

It said: “Partitions to all bedrooms and corridors are required to be carried up to the underside of the roof/structural floor over or to a fire resisting ceiling.

“It has been established that the partitions at first floor level have not been carried up to the underside of the roof and no cavity barriers have been provided.”

The report said the building needed to be examined more closely and opened up to see if this problem extended to lower levels.

The fire alarm system was not of the required standard, they said, and some detectors were badly placed and far too close to walls.

Doors to bedrooms had no cold smoke seals and self-closing chains were either missing or broken on several doors on the day of the inspection.

The doors that led to the escape stairs were also missing seals and strips that would have helped contain any fire that broke out.

Exit signage in the building was also a problem: “[It] should be maintained throughout i.e. lit at all times and it’s not lit on all escape routes.”

They said signage was actually missing from some of the escape routes and in one instance an emergency exit sign led into a store room.

Other problems included a corridor wall made of timber and nowhere near as fire resistant as it needed to be, and a large gap under a bedroom door that would have allowed smoke to flood underneath.

The report said escape routes were also unsafe. “The escape route from the exits from the link corridors is not acceptable. Adequate steps and guarding should be provided.”

It also said material alterations had been made to the building and it was no longer in compliance with its fire certificate.

A disabled toilet had been converted to a store, even though it had originally on the plans been marked as a bedroom. Changes had also been made in turning a small kitchen into a commercial kitchen.

In October, a second inspection report was undertaken, which said that many of the issues identified had already been addressed and fixed.

However, it conceded that the absence of fire stopping in the roof space was a “critical” issue.

This report said: “It is my opinion that the building as it now stands is quite unsafe, the main problem being the fire stopping in the ceiling space.

“These problems should be remedied without delay as there may be future problems with regard to insurance of premises.”

The Reception and Integration Agency (RIA) – which manages housing for asylum seekers – emailed immediately to ask the centre operators when the remedial works would take place.

But by January 5, there had been no update. They wrote in an email: “When do you expect these works to conclude and when do you expect to have the building re-inspected?”

Eleven days later, RIA wrote to say they were terminating their contract with the centre effective by the end of the month.

The 64 male residents of the centre were all moved to different accommodation in the region and the rest of the country.

The Department of Justice in a response said that had made repeated requests to Westbourne to carry out maintenance to “ensure the health and safety” of residents.

They said they had received the compliance report on Westbourne in September of last year which “outlined a number of areas that needed attention”.

The Department said: “RIA sought an inspection of the issues raised in the … report by RIA’s independent inspectorate, QTS Ltd. This was carried out on the same day (14/10/2017).

“It concluded that in general, the fire safety arrangements at Westbourne were good and that there were no safety concerns regarding some of the material alterations.

“It did list a number of works where a plan to address them should be put in place by the contractor. It stated: ‘It is our opinion that there is no heightened or unacceptable risk to continuing use as a residential centre while works are being done and compliance issues confirmed’.”

They admitted that a follow-up report had raised as “critical the issue of a fire stop in the ceiling space”.

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High mileage rate for powerful cars abolished for all public servants except for ministers and judges

MINISTERS and judges are being rewarded for driving gas-guzzling cars with a higher rate of mileage unavailable to other public servants.

The special rate for cars with large engines is only payable to Cabinet members, ministers of state, and members of the judiciary.

It was discontinued for other civil servants as part of a review of travel and subsistence, and because of government commitments to cut carbon emissions.

However, the most valuable rate – which is as high as €1 per kilometre – has been retained for the select group of highly paid politicians and judges.

The Department of Public Expenditure said they had no plans to change the special arrangements and said ministers needed big cars to “work while travelling on official business” and so that there’d be enough room for travelling with officials.

Over the course of a year for a minister who puts in 25,000 kilometres, the higher rate is worth an additional €2,140 in tax-free payments.

For a Cabinet member who clocks up 50,000 kilometres, the difference would be worth a further €1,285 in mileage (or a total of more than €3,400).

Chartered accountant and expenses campaigner Enid O’Dowd said it was “deeply unfair” to have different arrangements in place for different groups.

She said: “As is always the case, they make the rules and they continue to look after themselves. There is nothing new in that. Having different sets of rules like this for different people is deeply unfair. Whatever happened equality?

“The public servant also only gets mileage for traveling from their place of work to other work destinations while the minister gets paid for travelling from their home to their office along with their ministerial business.

“Ministers are supposed to deduct what is appropriate for non-business personal mileage but we know that this system is self-declared and is never checked.”

The revised arrangements for public servants were part of a review of travel and subsistence, which formed part of the Haddington Road Agreement.

A ministerial submission obtained under FOI said: “The objective for the mileage review was to set new rates which better reflected modern car engineering, fuel consumption, and road infrastructure.

“We also wanted to support the government’s agenda to reduce carbon emissions.”

The submission said the new system had dramatically simplified the mileage system and was “more beneficial” for owners of cars with lower engine sizes and lower carbon emissions.

As part of the review, subsistence rates were also changed because of the rising cost of accommodation in Dublin.

The submission said public servants were having “difficulties in finding suitable accommodation … at the agreed rate” of €125 per overnight.

It was increased to €133.73 with a separate new vouched accommodation rate introduced for Dublin, which included an extra €33.61 for meals when receipts were provided in support of the claims.

Foreign subsistence rates were also updated based on the rates paid by the UK’s HM Revenue and Customs, which the Department use as a benchmark.

However, much of the submission was given over to the mileage changes and particularly the new environmentally friendly part of it.

The old system of mileage had been based on people changing their cars every three years, the records explained.

However, the Department wanted this altered to instead reflect a new purchase every five years. A compromise “replacement rate” of four was eventually decided upon.

A separate briefing note prepared for Minister Paschal Donohoe explained: “Ministers, ministers of state and members of the judiciary may claim mileage on the same basis as civil servants, so the new banding system will apply to them.

“For historical reasons, the judiciary have a fourth engine size category for claiming mileage [1888cc and above]. Ministers have a fourth engine size category for claiming mileage [2000cc and above].

“The fourth band of rates for this engine size is 20% higher than the 1500 cc band of rates and is not available to civil servants.”

However, it did not specify the reasons why the special arrangement was maintained for them and the changes were signed off on by Mr Donohoe.

The Department in a statement said: “Substantial travel throughout the country is an integral part of the work of ministers and ministers of state. The provision of a mileage rate for cars with engine sizes in excess of 2,001cc reflects the requirement for [them] to work while travelling on business.

“On such trips they will often be accompanied by one or more officials and a car of sufficient size to accommodate such numbers is required.”

They said the new mileage system would remain in place until 2020 and that arrangements for judges mirrored the system for ministers for historical reasons.

The Department also said the new “revised formula” is more beneficial than previous arrangements for those with small engine sizes.

These documents were obtained through the Right to Know project. Please follow and support.

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What type of prisoners are most likely to get temporary release from Irish jails?

DRUG dealers and thieves are the most likely offenders to benefit from temporary release from jail.

More than 270 men and women have been freed from prison early from their sentence, the majority of them permanently.

Of the criminals given early release, 33 of them were serving jail terms of at least five years meaning their crimes were at the more serious end of the spectrum.

The figures, provided by the Irish Prison Service under FOI, give the most detailed picture yet available of who gets let out early from their sentence.

Two sex offenders are on their list, both of them aged over sixty, and prison sources said their release was on long-term compassionate grounds.

The longest serving inmate on temporary release was a man aged in his fifties who was convicted of “homicide offences”.

He was given a jail term of more than ten years, which was due to finish in November of this year but has been let out six months early.

Twenty people serving sentences for serious assaults, threats to murder, harassment, and other related offences were also let out on temporary release.

They include two women, both of whom had remission dates later this summer but who were allowed leave jail early.

Overall, 29 women – serving time for offences like robbery, burglary, assault, drugs, and theft – were out before the end of their sentence.

Capacity issues at the state’s two female prisons, Dóchas in Mountjoy and the female wing in Limerick, mean temporary release is more frequently used than in male prisons.

In general, drug dealers were the most likely to get out early with 61 offenders guilty of “controlled drug offences” among those released.

Their sentences ranged from just a few months up to ten years. Of the group given temporary release, 21 of them were serving at least five years.

Sixty people convicted of “theft and related offences” were also out, most of them in the short sentence category.

Of the sixty, almost half were serving jail terms of less than twelve months.

Another person on the list was a drug dealer serving a sentence of more than five years in Dublin’s Wheatfield Prison. The man – who is aged in his thirties – was not supposed to be out until January 2019 but is already on temporary release.

Another 32 prisoners, who do not have official release dates until 2018, are already out of prison according to the data.

However, most of the offenders listed were supposed to get out of jail at some stage this year and have had months rather than years trimmed from their sentences.

The prison with the most people on temporary release was Mountjoy with 85, followed by Cork on 48, and Limerick with 33.

The figures were provided as a snapshot of a single day in June by the Irish Prison Service.

A similar breakdown of a date last December was also released, painting a similar picture but when over 320 people were on temporary release.

The Prison Service said most of the 272 people on temporary release were on “a structured release plan”.

That means they will not go back to jail unless they fail to fulfil the conditions of release and are now effectively free.

Thirty-three of the people on release however, were offenders sent to jail for non-payment of fines.

Under current arrangements for dealing with this type of offender, they are simply processed at a jail and automatically released without ever actually spending a night in a cell.

The Irish Prison Service said use of temporary release helped with resocialisation, participation in employment schemes, and treatment for drug or alcohol issues.

They said: “It is worth noting that the number of prisoners on temporary release has fallen dramatically in recent years from a high of 998 [in June 2010] … to the current figure of circa 270.

“Each application for temporary release for whatever reason is examined on its own merits and the safety of the public is paramount when decisions are made.”

Conditions are also attached including “being of good behaviour and of sober habits”, steering clear of pubs, nightclubs, and living at a specific address.

The Prison Service said: “Other conditions may also be imposed, such as staying away from the victim or a particular area, observing a curfew, being supervised by the Probation Service, partaking in employment or in supervised unpaid work.”

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Naval Service said LE Aisling was proving a massive drain on manpower and resources before controversial sale for just €110,000

THE Naval Service were eager to sell off one of their old ships because it was taking up space and every time they needed to move it, they had to hire expensive tug boats.

The LE Aisling was sold in public auction for just €110,000 to a Dutch businessman in March.

However, it caused controversy when it emerged that the company involved had re-advertised it for sale at €685,000 less than two months later.

Internal Departmental documents show how the ship was thought to have €35,000 worth of fuel and lubricating oil on board.

However, it was subsequently discovered there was just €16,000 of fuel in the tanks that would have been uneconomical to remove, and which, was instead given away as part of the sale.

Requests by Galway City Council to have the LE Aisling turned into a floating museum in the city’s harbour were also advised against amid fears the Department of Defence would end up picking up some of the tab.

The boat – even though it was no longer in active use – was still proving a considerable burden to Naval Service resources, FOI records show.

In an email to the Department of Defence, Commander Paddy Harkin wrote: “The ship continues to be a drain on manpower, is taking up a berth in the Naval Basin and is deteriorating in condition. Ideally, the ship should be disposed of soonest through public auction or otherwise.”

A detailed memo prepared for Minister Paul Kehoe explained that the ship was also “totally unsuited” for use as a visitor attraction.

The minister was told that it would require ongoing maintenance because of its age and that the Department or Defence Forces could end up saddled with insurance liabilities and risks.

The biggest issue however, was the fact that it was taking up much needed space at the Naval Base in Haulbowline, Co Cork.

Each month, the Naval Service were forced to move the ship at least six or eight times, which meant a tug had to be hired to help move it.

Naval Service Commander Pearse O’Donnell wrote: “Depending on weather conditions, a small or a large tug is required for the move. This comes at considerable cost per move, approx. €150 for the small tug and €1,500 for the large tug.”

Thirteen staff were still posted to the LE Aisling as a “skeleton crew”, which was required to prevent unauthorised access or theft.

Commander O’Donnell wrote: “Because these people are posted to Aisling still, they cannot be deployed to other operational units where they are needed.”

There were also health and safety risks involved with what were described as continued “dead ship moves”, he said.

His message explained: “Personnel manning the ship are not fully familiar with the deck arrangements as they are coming from other ships. There are always risks associated with dead ship moves (less control without engines running) and weather, tug availability etc all feed into this.”

He said the LE Aisling was also causing operational problems as every time a ship wanted to move or set sail, the empty vessel had to be factored in.

He concluded: “Whilst maintenance is being carried out on machinery and equipment, the lack of a permanent deck crew has limited the amount of upkeep that can be carried out on the upper decks.

“This will affect the visual appearance of the ship and despite being structurally sound and seaworthy the visual could have an impact on value the longer it is left to sell.”

Another email explained how the ship had a significant amount of fuel and “lub oil” on board but that it would be better to sell it with the boat.

“The fuel and [lub oil] on Aisling have now been sitting without rotation for approximately twelve months, meaning its quality cannot be guaranteed for the operational use that the Naval Service ships require,” wrote Commander O’Donnell.

Within ten days of his email, plans to sell the boat were confirmed and the Department of Defence were delighted when the ship was offloaded. One internal email said: “Great news that the LE Aisling sold yesterday!”

A Departmental note on the auction said: “No reserve was set and bidding opened at €100,000. A bid for this amount was made and [our auctioneer] consulted with [our officials] on the side and it was confirmed that this bid was acceptable.

“Bidding resumed, and the second and final bid of €110,000 was accepted from Mr Dick Van Der Kamp, a Dutch shipbroker.”

In a statement, the Department of Defence said Galway City Council had never provided them with a “fully costed feasibility study” regarding plans to turn the boat into a museum.

“Given the continued absence of the requested proposal … arrangements were put in place to sell the vessel by way of public auction,” they said.

“It was imperative the vessel was sold at an early date. If a reserve price was set and was not met, the Department ran the risk of having to expend further funds to dispose of the vessel by way of scrap in an environmentally sound manner.

“The Department is satisfied that the accepted bid reflected the market value of a thirty-seven-year-old vessel of this nature.

“[We are] aware of the proposed resale of the former LE Aisling … however, it is important to bear in mind that this is speculative as the vessel has not yet been sold and there is no assurance that it will be sold for this price or indeed if it will sell at all.”

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Local authorities spend more than €200,000 sending sixty councillors and officials away for St Patrick’s Day

THE annual pilgrimage of government ministers to cities across the globe for St Patrick’s Day has become a national institution.

It’s not just our Cabinet however who get to represent Ireland abroad each year, with over €200,000 spent sending more than 60 councillors and local authority staff away this year for March 17.

Of the 31 local authorities in Ireland, at least 20 sent a delegation away for St Patrick’s Day with New York by far the most popular destination.

All told, more than €50,000 was spent on transatlantic flights with another €81,000 paid out for hotel rooms, some costing upwards of €300 per night, FOI requests to each of the local authorities have revealed.

Meath County Council sent by far the biggest delegation abroad with ten people dispatched, six to New York and four to London at a combined cost of just over €20,000.

Records released list Cathaoirleach Maria Murphy, Cllr David Gilroy, Cllr Claire O’Driscoll, Cllr Sharon Tolan, county chief executive Jackie Maguire, and an unnamed official as having travelled to New York.

The six-strong delegation stayed four nights in one of New York’s Fitzpatrick Hotels with the bills ranging from between €1,296 to €1,665 per person.

The local authority said: “Councillors work throughout the year representing the people of Meath and St Patrick’s Day is an ideal opportunity for them to support Meath people living abroad and to recognise the work of the Meath Associations [abroad].”

The largest bill was run up by Limerick’s council however, where costs of just over €28,000 were incurred sending six people to the United States.

The delegation was made up of four councillors and two officials, while hotel costs of €12,000 were paid out according to FOI records.

The group was led by Fianna Fáil councillor and Mayor Kieran O’Hanlon who visited New York, Boston, and Washington during his eight-day trip.

He stayed his first night in the US$463-a-night boutique Fifty NYC hotel before moving to the Benjamin Hotel where the bill for five nights was US$1,590.

The local authority also paid out €3,700 for a series of receptions and meetings while in New York.

That included a €956 bill from New York’s Empire Steakhouse, €443 at Bloom’s Tavern, and two cheques worth €1,415 and €505 from Rosie O’Grady’s Pub.

Cork County Council were the next highest spenders with just over €22,000 shelled out with a party of four having travelled to the US.

The delegation was made up of two senior officials who travelled with Mayor Séamus McGrath and Councillor John Paul O’Shea.

Flights for the four-strong travelling party cost €6,484 while almost €8,400 was spent on hotels during their trip to Chicago, Detroit, New York, with an unscheduled weather enforced overnight in Milwaukee.

Most of the accommodation was booked at the Crowne Plaza at Times Square where the cost per night per room was just over €350.

The council also paid out €2,912 for sterling silver gifts to be given in America including torcs, cufflinks, and bookmarks, while €3,611 was spent on several official receptions and dinners.

The council said: “The itinerary was very intensive with a series of rolling engagements from arrival in the US to departure. Its focus was on developing relationships across a wide range of common interest areas, including economic development, tourism, trade and cultural endeavours.

“The Council is satisfied that the costs involved reflect value for money, are of direct benefit to Cork County … and that economic prudence and a value for money ethos was applied in relation to the costs.”

Bills of more than €10,000 were also run up by local authorities in Sligo, Donegal, and Louth.

In Sligo, the Cathaoirleach Hubert Keaney travelled with two senior council officials with the three return flights together costing €3,157 and hotel accommodation coming to a total of €7,031.

Three people also travelled from Donegal County Council with Councillors Terence Slowey and Barry O’Neill visiting Philadelphia, New York, and Boston over the course of ten days.

Their flights cost just €579 each while a five-night stay for each in the Manhattan at Times Square cost €1,632, according to the records released.

They also stayed two nights in each of Boston’s Hotel Buckminster and Philadelphia’s Holiday Inn Express Midtown.

Other counties that sent delegations included two from Kerry at a cost of €9,857, four from Mayo for €9,105, and a-four strong group from Carlow with a final bill of €9,099.

Not all local authorities sent people abroad for St Paddy’s Day with nobody travelling from any of the four Dublin councils.

A number of local authorities have still failed to provide details of whether anybody travelled, almost two months after the requests were first submitted.

Here’s a table of overall expenditure by each local authority.

Two have so far failed to respond more than two months later … am still chasing them.

Costs in a couple of instances may be higher and I am trying to clarify certain issues that cropped up in the FOI responses.

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