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Joint Committee of Inquiry into the Banking Crisis debate -
Wednesday, 21 Jan 2015

Context Phase

Mr. Klaus Regling

The Joint Committee of Inquiry into the Banking Crisis is now in public session. I welcome everyone present to the fourth public hearing of the joint committee. There will be two distinct parts to today's proceedings. Later, we will hear from Professor Philip Lane of Trinity College, Dublin, on the banking crisis and economic and monetary union but first we will hear from Mr. Klaus Regling on A Preliminary Report on the Sources of Ireland's Banking Crisis.

Mr. Regling is the first managing director of the European Stability Mechanism. He is also chief executive officer, CEO, of the European Financial Stability Facility, a position he has held since the creation of the latter in June 2010. Mr. Regling has worked for 38 years as an economist in senior positions in the public and private sectors in Europe, Asia and the US, including a decade with the IMF in Washington and Jakarta and a further decade with the German Ministry of Finance, where he prepared economic and monetary union in Europe. From 2001 to 2008 he was director general for Economic and Financial Affairs of the European Commission. During the period 2008 to 2009, he spent a year at the Lee Kuan Yew School of Public Policy in Singapore where he researched financial and monetary integration in Asia. In February 2010, the then Minister for Finance, the late Deputy Brian Lenihan, requested Mr. Regling to conduct a preliminary investigation into the crisis in the banking system in Ireland. The report relating to that investigation was published on 31 May 2010. Said report was co-authored by Mr. Max Watson, who sadly passed away in December. Ar dheis Dé go raibh a anam. I remind members that while Mr. Regling is managing director of the European Stability Mechanism and CEO of the European Financial Stability Facility, he has come before us only to discuss his report.

I wish to advise the witness that by virtue of section 17(2)(l) of the Defamation Act 2009, he is protected by absolute privilege in respect of his evidence to this committee. However, if he is directed by the committee to cease giving evidence on a particular matter and continues to so do, he will be entitled thereafter only to qualified privilege in respect of his evidence. He is directed that only evidence connected with the subject matter of these proceedings is to be given and - as he has been informed previously - witnesses are asked to refrain from discussing named individuals in this phase of the inquiry. Members are reminded of the long-standing ruling of the Chair to the effect that they should not comment on, criticise or make charges against a person outside the Houses or an official either by name or in such a way as to make him or her identifiable.

I welcome Mr. Regling and invite him to make his opening remarks.

Mr. Klaus Regling

I thank the Chairman and members for inviting me to come before the committee.

Does Mr. Regling have his mobile phone switched on? There is distortion in the sound emanating from the microphone.

Mr. Klaus Regling

I will switch it to flight mode.

I thank Mr. Regling.

Mr. Klaus Regling

I am sure it will no longer be a source of disruption.

It is a pleasure to be back in this room after almost five years. On the previous occasion on which I was here, namely, May 2010, Max Watson and I presented our report. Unfortunately, as the Chairman mentioned, Mr. Watson passed away last month. Had he not died, Mr. Watson would be here with me and I would be very pleased about that. I thank the Chairman for confirming that the testimony I will give this morning relates to the report and is not linked to my current role as head of the EFSF and the ESM.

The report was prepared as a diagnostic, not a forensic, study and it did not look at the role of individuals. It was written from a “top-down” perspective to complement the report of Governor Patrick Honohan, who gave evidence to this committee last week. The report - A Preliminary Report on the Sources of Ireland’s Banking Crisis - Max Watson and I compiled analysed the factors which led to the crisis, sought to draw policy lessons and identify follow-up areas for investigation looking at the period up to the end of September 2008. Reflecting the mandate given to us by the Minister for Finance at the time, the late Brian Lenihan, this deliberately excluded all policy decisions taken after the end of September 2008, including the granting of the bank guarantee at that time.

In our report, we found numerous factors - global, domestic, macroeconomic and structural - that contributed to the crisis. Taken together, these factors acted in a mutually reinforcing way and followed a decade of strong and extended economic expansion when Ireland’s living standards first caught up with and then surpassed the average EU standard of living.

As we all know, Ireland was one of the countries most badly affected by the financial crisis through a combination of homemade problems and global factors. A succession of bubbles in equities, bonds, housing, commodity and credit markets were the key factors behind the global financial crisis that unfolded from 2007, originating in the United States.

The roots of the problem in Ireland began earlier. Following the creation of the single currency, Ireland's domestic financial services enjoyed a strong and extended boom. This was facilitated by an influx of foreign savings as access to cross-border funding for Irish banks increased strongly. It came at a time of very high global liquidity and a low risk premia. This fuelled the existing strong Irish preference for property investment and developed into a blindspot, which was ominous in a country that had never experienced a property crash. It was very striking to us, when we researched our report, how many people we met who told us their own personal anecdotes about property investment. Unfortunately, it is hard not to overstate the impact of this cultural attitude. Property acquisition, as a topic, was almost a national obsession though not something we could easily quantify in hard data. This cultural issue is by no means the sole cause. On the economic front, relative to the domestic growth and inflation rates, monetary conditions were very easy and, in retrospect, we can see that this reinforced economic vulnerabilities. Statistical tools also failed to capture underlying fiscal deficits. The IMF later calculated that in 2007, although the headline budget was balanced, the underlying or structural deficit was 8.75%.

Euro area financial integration was also under way during this period when, following the creation of the euro, interest rates were permanently lowered for the Irish economy. Irish banks enjoyed unprecedented access to cross-border funds, while foreign banks entered the domestic market which intensified competition. At the time, cross-border regulatory and supervisory structures had not kept up with this process. Since then many of these points have been addressed through the banking union.

Back in 2007, when the crisis first really struck, the single currency initially protected Ireland and other euro area member states from the currency turmoil that they would have otherwise faced. Unfortunately, it was not enough as pressures built over the following year.

Our report also found a clear lack of budgetary discipline, with pro-cyclical policies and a gradual shift in the tax base that left it fragile and increasingly dependent on the property sector. It shifted from stable to cyclical sources like capital gains tax, corporation tax, stamp duty on property and consumer taxes. It was also unusual that Ireland did not have a property tax and yet mortgage tax deductions were offered which created subsidies that distorted commercial real estate development.

We also noted that there was insufficient surveillance from external bodies such as the EU institutions or the IMF. The IMF was not strong or consistent in its criticism of the underlying dynamics of fiscal policy. European Council opinions were favourable even if the Commission, as early as 2001, was concerned at pro-cyclical policies. However, Stability and Growth Pact commitments were not seen in doubt, during the period up to 2008, partly due to an insufficient methodology for calculating structural fiscal balances, as I have already mentioned.

Across the banking sector there was weak governance and risk management - sometimes disastrously weak. Within the banks, internal procedures were often over-ridden, sometimes systematically, and many banks were highly exposed to specific individual borrowers and property lending, especially commercial property. Incentives were also badly structured, not just bonuses for top banking executives but also for middle-management and loan officers.

Throughout this period, in the run-up to 2008, counter-cyclical fiscal or macro-prudential policies could have moderated the boom and cushioned the recession. With a different official policy mix, perhaps a soft landing would have been possible, but instead official policies and banking practices merely added fuel to the fire. For example, the Government could have mitigated the bubble by initiating fiscal policies that could have dampened, not stimulated, the economy. Supervisors could have imposed tighter loan-to-value ratios. Supervisors were neither hands-on nor pre-emptive. They were also not used to technically complex problems. There was also an absence of forceful warnings from the Central Bank on macro financial risks.

In summary, weak financial supervision and bank governance combined with official policies to leave the economy vulnerable to a deep crisis. In our view, the true burden of responsibility was quite broad. We concluded with a number of follow-up areas for consideration which are as follows. Why was there not a stronger reaction within the banks to this concentrated loan overexposure? How were such governance failures initiated? Why was the response of supervisors not more forceful? Were there failures by auditors?

Investigating the very serious breaches of corporate governance that were identified was also needed. Finally, our report stated that it was important to identify lessons for future policy, not only in Ireland but in particular in future cases of countries that may join the EU area.

The report concludes that these interlinked factors culminated to create what in many ways was a plain vanilla property bubble that ultimately burst with very painful social consequences. Taken together, we found many interconnected factors that contributed to the crisis, including insufficient critical external surveillance institutions. Ireland was a country where it seems no one was really in charge to prevent such a bubble from emerging over the previous four to fiver years that led to 2008.

I thank Mr. Regling. I shall list the questioners in order. Senator Susan O'Keeffe, as lead spokesperson, will have 15 minutes and she will be followed by Senator Marc MacSharry who will also have 15 minutes. They will be followed by rounds lasting six minutes each for the following: Deputy Kieran O'Donnell; Senator Michael D'Arcy; Deputy Pearse Doherty; Deputy Michael McGrath; Deputy John Paul Phelan; Deputy Eoghan Murphy; Senator Sean Barrett; and lastly Deputy Joe Higgins.

I shall get matters under way. Mr. Regling, on page 44 of his report, said:

There was a socio-political context in which it would have taken some courage to seem to prick the Irish property bubble. Even so, there are clear examples in other countries where supervisors acted to stem the tide, and this is what lacked so notably in the Irish case.

I ask him to expand on his comment for the benefit of the committee.

Mr. Klaus Regling

There are several instances in the report where we drew comparison with other countries and said that many of the factors that contributed to the problem in Ireland also existed in other countries. What struck us was that in Ireland all these factors we mentioned, which I summarised in my initial statement, were present but they were present to a stronger degree. This relates to supervision but it also relates to the governance problems within banks and the concentration risks which became bigger and bigger.

So it was all there but to a degree that one could not find in other countries, or not in all the areas in other countries. If one looks at the report, for instance, there are charts that show the increase in property lending by individual banks and the concentration on that sector of the economy. This is unprecedented. There are no other cases, although maybe a little bit in Spain, but in Spain the supervisors acted quite differently. It was really a multitude of factors that all interacted in the same negative direction and the degree to which these factors contributed to the problem.

What actions were taken in other jurisdictions that were not taken in Ireland?

Mr. Klaus Regling

In Spain, for instance, supervisors early on introduced counter-cyclical capital buffers, which is now something quite common. It is widely accepted that this is necessary. Obviously, Spain got into problems. There was also a property bubble, but the supervisors there acted earlier with instruments that were not applied in Ireland.

That brings me to my next question before I call Senator O'Keeffe. How would Mr. Regling characterise the relationship between the banks on the one hand and the regulator-supervisor's governance structure - that is, the Financial Regulator's office and the Central Bank - on the other hand, in the years leading up to the crisis?

Mr. Klaus Regling

With hindsight it is easy to say that this relationship was not a healthy one, but one has to look back at the culture in bank supervision globally. We also make this point in the report. This was not just an Irish problem as there was a debate at the time about light-touch supervision. There was a widespread view - including in the United States, for instance - that markets would regulate themselves to a large extent. Mr. Greenspan, the chairman of the US Federal Reserve at the time, often talked about this. He is a good example because a few years ago he publicly admitted that this was a mistake. It is another example where something that went wrong in Ireland also went wrong in many other countries, but this element was then reinforced by all the other problems I have just talked about, and which are to be found in the report.

Was there something unique about the relationship between the banks, the regulator and Central Bank system in Ireland that one did not see in other jurisdictions?

Mr. Klaus Regling

The degree of the problem was perhaps bigger because it was very light-touch supervision. It was something that the Federal Reserve in the US also thought was the right approach, but certainly not what one would want to see today. An intrusive, assertive relationship between supervisors and banks did not seem to exist, so banks were free to go in the wrong direction for too long.

I wish to express my condolences on the death of Mr. Watson.

Over his many years of experience, Mr. Regling has obviously read many reports and he has probably written many reports also. How would Mr. Regling describe this one in terms of it being critical? Would he say it is fairly critical or very critical? How would he describe it himself as a report presented by him?

Mr. Klaus Regling

I think it is fairly critical. When I re-read it, I also had that impression. I hope it was fair, however, because there were many things to be criticised or to be critical about. Seen against the global context, there were not only home-grown problems. It was an unfortunate combination of home-grown problems against the global background of too much liquidity, too low interest rates for too long, and the search for yields from many parts of the world. It was also the time when Ireland joined the euro area, which had positive impacts. It prevented currency turmoil and led to the permanently lower interest rate. In a way we were all learning what a permanently lower interest rate meant. It is clear to economists that this is equivalent to a very strong, stimulatory monetary action, but it was the first time that something like this happened. We were aware that monetary conditions would be very easy because of the fact that Ireland had joined the euro area and would therefore have permanently low interest rates. It was clear that policy should react to that somehow.

We make the point in the report, for instance, that there was a final appreciation of the Irish currency in the exchange rate mechanism in March 1998, a few months before the beginning of monetary union. This was only done to act against this strong monetary push that was coming from the decline in interest rates. At the same time, we had a very loose global monetary environment. We had more financial market integration in Europe, in the EU, which was also something we wanted to see. It is one of the advantages of the Single Market, and of the euro, to have more financial market integration, but this also meant that there was more liquidity available than before. All this happened simultaneously.

With hindsight it is easy to say that stronger policy action, in those areas where it was possible, would have helped a lot. The two areas available were in fiscal policy and supervisory action. Unfortunately, as we describe in the report, fiscal policy moved from being counter-cyclical early in that decade, to becoming pro-cyclical later in the decade. It therefore added fuel to the fire.

On the supervisory side there was a light-touch approach, which was not intrusive or hands-on. Instruments that were available were just not used, or used very late and very little, like reducing the loan-to-value ratios. That is something that could have happened more forcefully, but one has to see it against the culture at the time. Today, everybody who deals with these issues talks a lot about macro-prudential supervision, but that was not very fashionable at the time globally, and not alone in Europe. With hindsight, however, it was clearly one of the areas, together with fiscal policy, where one could have done something and should have done more, but it did not happen at the time.

Going back to fiscal matters, there is a real issue here for me as an economist, that we were not able to calculate and are still not very good at calculating underlying fiscal balances. It is an unresolved issue. We learn as we go along but we always know more after a few years. I mentioned the IMF data that said in 2007, as I quoted, that the nominal fiscal balance was in balance. We thought the underlying structural deficit was very small at the time. Today we know it was bigger than 8% of GDP.

Our report is critical on all these points but the criticism is spread very widely. It is also spread towards economists who have not come up with a good methodology to calculate this. It is of course critical of bank governance, supervisors and fiscal policy makers, though not only in Ireland. The global background was not helpful at all. These different elements from all sides reinforced the problems.

How surprised was Mr. Regling that, as he describes it, he found Ireland was a country where it seemed no one was really in charge? That is quite a remarkable thing to say. How surprised was he?

Mr. Klaus Regling

In a way, that was the bottom line - going through the different elements that contributed to the crisis, looking at bank governance, supervisors and fiscal policy. In addition, however, the external bodies that are there to monitor countries, like the OECD, the IMF and the European Commission, all failed to some extent, hence the bottom line that nobody seemed to be in charge. Of course, that was a surprise. It was also, for me, some kind of self-criticism because at the time I was in charge of economic-financial affairs at the European Commission. This is also a criticism that is directed at me, directly.

I wish to dwell for a moment on some of the points Mr. Regling made in the report about what people knew, or did not know, about what was going on. He said that with hindsight we know more things and macro-financial prudence has changed.

Mr. Regling states on page 35 of his report:

... property exposure gave rise to a very risky concentration of risks within certain institutions, and even more so across the banking system. In an economy which is not large, and which has one main financial centre, it would be surprising if this state of affairs was unknown to banks, even if formal data systems did not surface it.

I just wonder what Mr. Regling was trying to say here. Was he trying to say that people actually knew what they did not say they knew, or was he saying that there was actually a crisis of solvency and that people ought to have known that, whereas we understand that people say it was a liquidity crisis, not a solvency crisis? I am not clear what Mr. Regling is driving at there.

Mr. Klaus Regling

Looking at the data - some of them are produced in the report - the Senator will see on page 32, for instance, the increase in loans for construction and property. It is just striking how many loans went into the sector, with unprecedented growth rates. To an observer from the outside - Max Watson and I were outsiders when we came to Dublin - it would indicate that alarm bells should have been ringing loudly and clearly among the banks themselves, their supervisory bodies and the supervisors, the central banks. Obviously, it did not happen.

Were they ringing but no one was listening? Mr. Regling talks about the alarm bells in another part of the report. One can have alarm bells ringing all one likes but, as we know, we sometimes just switch them off. Were they ringing or not ringing?

Mr. Klaus Regling

It is the job of senior management of banks, their supervisory boards, the supervisors and the Central Bank to look at these data, but it is also the job of the outside bodies such as the IMF, OECD and the Commission. I am sure alarm bells were ringing but there was not enough attention paid to this. This we noted. We do not know about the interaction of individuals; that was not our job to find out. Again, however, one has to see it against the background of the global, EU and Irish economies. People thought at the time that things were going very well. One will remember that the time was called the Great Moderation. There was good growth, a good rise in the standard of living and low inflation. We know today there were a number of factors that contributed to this and, therefore, people whose job it was to monitor and ring alarm bells were fairly quiet globally and in Europe, because the situation seemed so much under control and so good. This is not trying to make an excuse for all the things that went wrong and for senior bank managers, supervisors, central banks and so on but it tries to explain why what happened did happen. Again, it happened in many other countries, but not always to the same degree.

Mr. Regling states on page 39, "it would seem quite surprising if there was no common wisdom to tap that would have pointed to the fact of high concentrations in commercial real estate lending". He seems to be suggesting that common wisdom, the knowledge people had, would have suggested there was a serious problem. I am not clear whether Mr. Regling said people ignored it or simply did not know. There is a huge difference between not knowing and ignoring. He is suggesting that they were ignoring it.

Mr. Klaus Regling

To a large extent ignoring it, yes. However, the experience in other countries at the time was also that the economy had been going very well for such a long time that those who had been critical were clearly in a minority. Again, let me look at the global economy. There were people who criticised the Federal Reserve policies for a number of years, since early in the decade. They included, for instance, people at the BIS, Raghuram Rajan, who was the chief economist of the IMF at the time and who is now the Governor of the Central Bank of India, and John Taylor, a well-known US academic in Stanford. There were people who criticised globally the monetary policy, excess liquidity and low interest rates - too low for too long, as Raghuram Rajan said - but they were clearly in a minority. The majority of the academics of the central banks of the banks globally had a different view. They all made good money when they were investing money and the majority of academics just did not share the view. Therefore, this is a combination of things that clearly went wrong in this country but one has to see it against the background internationally, where things also went wrong for quite a while.

On page 6, Mr. Regling states: "internal procedures were overridden, sometimes systematically." In other parts of the report, he talks about errors of judgment in bank management, major lapses in the documentation of loans, weak risk management, and the failure of corporate checks and balances. If something was systematic and internal procedures were overridden, that means people knew what they were doing. Is that a fair observation? In some cases, that is what was happening. People absolutely knew what they were doing.

Mr. Klaus Regling

That was our conclusion in some cases. Otherwise, this concentration on the property sector would not have been possible. It was not consistent with the guidelines that existed.

While the world might have had all sorts of contributing factors that changed our scenario, individuals took an opportunity, perhaps, to go too far, to burn, to enjoy and to override systematically. One can have any set of circumstances but it is what people do with those circumstances that counts. Is that not the case?

Mr. Klaus Regling

That is correct but, of course, we did not look at individual behaviour. That was not our mandate. We did not have access to that. However, having looked at balance sheets and published data of banks, this conclusion was very obvious.

The conclusion really being that there was no one in charge either.

Mr. Regling says he spoke to the ECB. With his European experience, how much responsibility does he believe the European Central Bank has for what happened here? His conclusion may be true for other countries too but we are only interested in here.

Mr. Klaus Regling

Regarding the period up to 2008, I could not put any blame on the ECB because it is one player in the global financial markets. The ECB policies during this period were not particularly different from those of other central banks like the Fed, the Bank of Japan, the-----

Does it have a responsibility now as we try to sort ourselves out and as we try to look forward?

Mr. Klaus Regling

A lot of things have happened since but that is not in our report. We now have the banking union. The supervision of systemically important banks is now done through the single supervisory mechanism, which is associated with the ECB. We have the European Systemic Risk Board, ESRB, a new institution also linked to the ECB and chaired by the President of the ECB. It has the mandate of macro-prudential supervision, something that did not exist before the crisis. It is a good example of what we learned from the crisis. However, again this is a global phenomenon. Macro-prudential issues were not on the agenda before 2008. After the crisis, countries such as the US and the UK created bodies like that. We have it in the EU area and it is chaired by the ECB President. Many things have happened since 2008 that are obviously not reflected in the report.

To round off on Senator O'Keeffe's questions for Mr. Regling, did the analysis of the model that was actually in place in the lead-up to the crisis, be it domestic or international but particularly domestic, involve a description of the culture as self-regulatory in the belief the industry would actually regulate itself without intrusion?

Mr. Klaus Regling

That was the main approach. Of course, there were rules and regulations in place. We have EU directives that deal with banking supervision. Also in the United States, there were rules in place but the general approach was one of light touch from the official side. There was a lot of confidence that the banks would self-regulate in their own interest. I already quoted Mr. Greenspan, who said a few years later that this was a mistake.

"Light touch" is a phrase that is out there. For people who are viewing the proceedings, is "light touch" ultimately self-regulation?

Mr. Klaus Regling

Yes; that is another way to look at it. There is a lot of confidence in self-regulation.

The banks regulating themselves.

Mr. Klaus Regling

Yes - not only banks, but financial markets in general. It does not mean there are no rules at all. There were rules, but they were much lighter than what we see today after we learned lessons. In particular, the approach of supervisors was too hands-off. There were not many on-site inspections. Today there is a widespread view that the manner in which supervisors deal with banks should be more intrusive and assertive. There is also a cultural issue which goes beyond rules and regulations. It is different from the time when the view was that banks and financial market participants would self-regulate themselves to a large extent. The view was that they would do it because it was in their own interests. They did not want to go bankrupt or get into serious trouble. That was a widespread view and that is why there was light-touch regulation. There was confidence in self-regulation. That changed completely after the crisis.

I thank Mr. Regling.

I welcome Mr. Regling back to the committee. I thank him for taking the time, voluntarily, to come here today. As he is no doubt aware, there is a reluctance from some Europeans to take part in this inquiry. That leads to my first question. I will deal more specifically with his report after that. Why does he feel there is a reluctance from European authorities to participate with the Irish people in getting to the bottom of the crisis?

I issued a warning before the meeting with regard to Mr. Regling and the remit of his appearance today. He was informed as to the content of this meeting and what he could prepare for. If he feels that a question is outside the realm of what he has prepared for, he is free not to answer.

Mr. Klaus Regling

I think one has to ask these institutions. It is important to emphasise that - I think the committee is aware of this - I am not here as the head of the EFSF or ESM.

I am merely asking as somebody-----

Mr. Klaus Regling

I am here because I did the report.

Absolutely. I am only asking Mr. Regling that question------

Mr. Klaus Regling

The ECB did not do a report.

I am only asking that question, as we might say in Ireland, while we have him. Given his experience of working on three occasions for the IMF and the German finance ministry, it helps me in my work to ask him if it is possible for us to do our work sufficiently without the ability to ask a series of questions of those organisations.

Mr. Klaus Regling

As I already answered on the ECB, up to 2008 I do not see what they can contribute.

They would have been, arguably, responsible for a huge percentage of monetary policy.

Senator, I am going to make an intervention here and I will move onto the next question. Mr. Regling is here to deal with his report and matters relating to it. It is not the case that when we have a witness here we can talk to him or her about whatever we want. There are very clear rules. This committee has particular procedures to which it must adhere. My role as Chairman is to allow you to ask questions, but also to allow witnesses to operate within a framework that is fair to them. I ask you to be fair to the witness and refer your questions back to the terms of reference, which include only Mr. Regling's report.

I appreciate that.

Move on to the next question.

I have 15 minutes, as the Chairman is aware.

You do, and those 15 minutes will be given in the questions. I will give you back the time taken by my intervention.

In fairness, Chairman, you interject between every single speaker. I am asking questions and my first responsibility is to the Irish people, as is yours, I might remind you.

Yes, and the terms of reference of the inquiry.

If you would allow me the breadth at times to give some relevance and context to my questions, you might have time to listen.

As long as they remain within the terms of reference of the inquiry.

If you give me the time without the interjections.

I will give you the time.

Thank you. Does Mr. Regling feel that the crisis in Ireland could have precipitated a collapse in the euro?

Mr. Klaus Regling

Yes.

Okay. That is fine. In that context, without the benefit of hindsight, the methodology in terms of the structural deficit which Mr. Regling speaks of now, rather than in the report, which he mentioned in his opening statement, and the fact there is a lot more macro prudential focus, would it be fair to say that the structure of the eurozone for small open economies such as Ireland was incomplete and inadequate in providing them with the tools to deal with the crisis as it unfolded?

Mr. Klaus Regling

It goes a little bit beyond my report, because I had to draw on the lessons after 2008. Of course we now say that all of those who were involved, including the European Commission and the Eurogroup, and the design of the monetary union when it started in 1998 were incomplete. My institutions, the EFSF and ESM, did not exist. The founding fathers of the euro did not believe that such an institution, which would provide emergency finances when a country loses access to markets, would be needed because they could not imagine that a member of the euro area could lose market access. Also, we could not imagine a crisis of the magnitude we saw in 2008, 2009 and 2010. It was the worst economic crisis in 80 years and was not anticipated. It is one example. There are many others.

The surveillance was too narrow and focused on fiscal policy, which is important, but we did not pay enough attention to other imbalances which became very large, such as divergences in competitiveness. Ireland is a prime example of that. We also had a chart in the report showing that unit labour costs in Ireland increased by 45% more than was justified by productivity gains from 1998 to 2008. This led to the very large current account deficit, not surprisingly. We now have a totally new system of surveillance and monitoring of-----

As Mr. Regling said - we are to talk about the period in the report and the report itself - at that time the structure was incomplete.

Mr. Klaus Regling

It was incomplete, but-----

Mr. Klaus Regling

No, because, to answer your question, it was incomplete, but we see that some euro area countries managed, within the incomplete system, better than others. That is why the home-grown issue also plays a role. It was the same system for all the euro area countries. When it started there were 11, and there are now 19. Some had serious problems, and one country had more serious problems than Ireland.

More serious, of course.

Mr. Klaus Regling

Others managed. It is a combination, therefore.

Countries were not able, for example, to adjust their own interest rates, in that aspect of monetary policy. Given that there were no bears in the market, with the exception of Professor Taylor in Stanford and Professor Morgan Kelly in UCD, what pro-cyclical policies could a Government have implemented in 2006 to prevent this crisis? At that stage, if we had listened to the IMF or the Commission, what could we have done?

Mr. Klaus Regling

Obviously monetary policy is the same for every country in the euro area. We also know - and this was known to people who worked a lot on this and to the European Commission when I was there, as we wrote about it - monetary policy is often pro-cyclical, unavoidably. Countries that grow stronger than the average also typically have higher inflation rates than the average. As a consequence, they have lower real interest rates. The opposite is also true. Countries that do not grow so fast have lower inflation rates and, therefore, higher real interest rates. This means there is a pro-cyclical impact from being in a monetary union, coming from the monetary conditions. This is no surprise. We knew it when monetary union started. It also happens in regions of large countries, such as in the United States. The mid-west or Florida can have very different monetary conditions and also typically-----

Given the imperfect nature of the eurozone and its structure, as we spoke about earlier, we were not really prepared for that aspect. Would that be fair to say?

Mr. Klaus Regling

To some extent, but let me talk about it. I would not go too far because someone cannot excuse everything with that. The fact that monetary conditions could be pro-cyclical was well known to policy makers. The Senator asked what could be done at the national level, responding to national differences, and here he is back to fiscal policy and supervisory action.

I already talked about that briefly earlier. Fiscal policy could have been counter-cyclical, but what we actually see - and we already knew it at the time - is that fiscal policy was moving, from the first half of that decade to the second half, from being counter-cyclical to becoming pro-cyclical, and that added fuel to the fire. Fiscal policy could have addressed some of the problem, but it did the opposite - although, again, due to the lack of good methodology, the full extent was not known and supervisory action that could have been taken was not taken - for example, loan-to-value ratios were reduced very late and by very little. Those are the two areas where the national authorities can do something even in an incomplete monetary union.

In his report, Mr. Regling said we had the home-grown issues and, within that, the regulatory environment, the supervisory element and so on. Is it fair to say that our Central Bank and regulator were not fit for purpose at that time?

Mr. Klaus Regling

That is another way of putting it. I said nobody seemed to be in charge. They did not play the role as forcefully as they should have.

If there was a period at which Mr. Regling would look back - obviously, there was no limit on the length of time he looked back before 2008 - what period would be most appropriate, in his view, for this investigation to look at in terms of the management of the Central Bank and the regulator?

Mr. Klaus Regling

It is probably five or six years before 2008, so that would be from 2003 onwards. It is in those years that the data clearly shows that the property bubble became very big, so bank lending grew sometimes at 80% or 90% per year. That was when these problems appeared, not only in Ireland but in many other countries of the world. It was a global environment, with the EU integration of financial markets and the home-grown problems of not responding adequately to that. I think it would be that five-year period.

In his preparations for the report, no doubt Mr. Regling would have spoken to the head of the Central Bank. Did Mr. Regling speak to the previous heads of the Central Bank or just the current or the then head of the Central Bank?

Mr. Klaus Regling

I will not mention any names. We interviewed about 100 persons. This included Government officials, bankers-----

Of course I do not want Mr. Regling to mention any names. In the context of the structure of the euro and how the 19 heads of central banks operate, each being a member of the governing council of the ECB, in Mr. Regling's understanding at the time - I suppose it is the same now - when the 19 central bankers are sitting around in Frankfurt, have they a fiduciary duty to the mission of the European Central Bank and, if so, does that override any duties and responsibilities they have to their national central banks when they are in that room?

Mr. Klaus Regling

What the Senator is indicating is that central bank governors of the euro area have two hats. One is the management of their national central banks at home, but when they attend the meetings in Frankfurt as the ECB they are there in their personal capacity. The Maastricht treaty is very clear on this - they are not representing their country.

So they must act with the information they have in the best interests of the mission of the ECB rather than the member state.

Mr. Klaus Regling

Of the euro area as a whole.

In the last part of his statement, which was very good, Mr. Regling mentioned, as did Senator Susan O'Keeffe, that Ireland was a country in which it seemed no one was really in charge to prevent such a bubble from emerging over the four to five years before the crash. In his research and interviews with 100 people, and no doubt from reading other reports and media commentary of the day, he will have noticed that, apart from the John Taylor he mentioned from Stanford - we had Morgan Kelly here, and a number of other commentators - by far the majority of academics and other commentators were predicting soft landings and so on. In his look at the Oireachtas, the Parliament, can Mr. Regling reflect for us on the discourse that was going on? Clearly, we know what Government was doing, but in terms of the Opposition, was the Government being held to account to the extent it ought to have been? Was the Opposition advocating counter-cyclical policies or promoting an even more pro-cyclical set of policies? Can Mr. Regling give us an insight into that?

Mr. Klaus Regling

I do not know what the Opposition in the Parliament at the time was saying and how it was differentiating itself from Government policies. I do not know.

I thank Mr. Regling.

I welcome Mr. Regling and sympathise with him on the passing of Max Watson. I was here when Mr. Watson appeared before the committee. Mr. Regling concurred with a statement that the Irish crisis could have threatened the euro. I want him to expand on that. Why did he agree with that statement?

Mr. Klaus Regling

This is true for Ireland; it is also true for several of the other countries that received emergency financing from my institutions.

Ireland was the first country.

Mr. Klaus Regling

Ireland was the first country to get money from us. Greece got bilateral loans first, and then also received money from the EFSF. A very simple legalistic answer would be that the EFSF and ESM treaty actually states that we can provide financing only when the euro area as a whole is threatened. That would be the legalistic answer. Otherwise, we would not become active. I think the reasons behind that are clear. When the crisis hit Ireland, it was the first EFSF case. Greece was hit earlier and the problem was solved initially in a different way. There was a serious threat for the euro area as a whole because we saw at the time a lot of contagion - by "contagion" I mean the problems jumping from one country to another and more and more countries losing market access. Then there was the threat that if no emergency financing was provided, countries would have had to leave. That was when we created the EFSF. That was one clear conclusion. That is why we are much better equipped today than we were in 2009 and early 2010. The EFSF was created in May and June 2010 to provide emergency financing. Also, from the investor side - the other side of the coin - it is very clear today that at the time, many of the big investors were not in a position to differentiate between the different European economies - they had not done their homework studying the differences - so when one country got into difficulties they did not know how to interpret that and they also withdrew from the other countries.

Our guarantee was put in place on 29 September. It appears to have been done after very little deliberation with the ECB. Was it Mr. Regling's understanding that there were deliberations with the ECB prior to the guarantee?

Mr. Klaus Regling

I cannot say, firstly because I was not at the ECB, and also because our report ends before that period. I cannot really give a personal answer to that question. I take note of what the Governor said last week and I have a lot of sympathy for that, but that is all I can say.

When Mr. Regling says he has sympathy for that, in what sense does he have sympathy for the Governor?

Mr. Klaus Regling

I think he stated the problem correctly. He said that with hindsight it is always easy to say what went wrong and what went well. Importantly, he said certain instruments were not available at the time. In the past few years we have created a completely new system for bank resolution in the context of starting the banking union. Bail-in is one of the important elements that exists now but did not exist earlier.

Mr. Regling was a director in the European Commission up to 2008 on the economic side. I refer to the Stability and Growth Pact construct.

Mr. Regling makes reference throughout the report to the fact that alarm bells should have gone off in terms of the increase in lending. He speaks about the systemic risk throughout the banks which it seems was important beyond reasonable doubt. He then argues that clearly the banks themselves should have known where they were trading cross-guarantees with different banks.

Does Mr. Regling believe that if the Irish Government had contacted the ECB on the night of the guarantee, there could have been a situation where Anglo Irish Bank would have been allowed to go into liquidation and to fail? Could a different construct have been used in terms of a guarantee that would have cost Ireland and the taxpayers less money?

Mr. Klaus Regling

I cannot really answer. Our report does not cover that, deliberately. Our mandate ended on 28 September. I do not know what happened between the Irish Government and the ECB at the time----

Does Mr. Regling believe----

Mr. Klaus Regling

I do know that certain instruments were not available.

Deputy O'Donnell is pushing a question that is leading towards subjective and hypothetical thinking. If the Deputy could move to the real substance of Mr. Regling's report I will give him another half a minute to ask a question to which he can get an answer.

When Mr. Regling says that no-one was really in charge, who is he talking about? Is he talking about the political establishment, the regulators or the banks, or is he saying that everyone was to blame in terms of the institutions, including the Government and the political system?

Mr. Klaus Regling

That is our main point. We think the responsibility is very widespread. All these actors have to take some of the blame.

Mr. Regling uses the term "moral courage to penalise" the authorities, the Central Bank and Financial Regulator. Would that term also apply to the body politic? I am speaking about Government and Opposition.

Mr. Klaus Regling

No, I think the reference one finds in the report with those words refers to the regulators, supervisors and the Central Bank. It is related to what I discussed earlier already, that there was this light-touch approach to supervision, not very intrusive, not very assertive and therefore also imposing penalties just did not happen. The rules which existed were applied very loosely.

What is Mr. Regling's view on where the greatest failings were? Who were the people with the most responsibility who could have had the largest impact upon what turned out to be an expensive day for the Irish taxpayers?

Mr. Klaus Regling

That is not the way we looked at it. Our main conclusion was what was truly striking in the case of Ireland is that all these different elements came together in the wrong way, unfortunately, so we did not want to single out any particular one.

Mr. Regling conducted a fairly in-depth report. Does he have an opinion on where the greatest failings were? Were they with the banks' boards of directors, non-executive directors, executive directors, the authorities, or where, in his view?

Mr. Klaus Regling

I think all of them because when I see that some banks increased their property lending by 90% per year, senior management should not have allowed that. The supervisory board of the bank should have asked many questions, such as whether this does not create too many risks. The supervisors should have asked more questions. It was probably out of line with some of the rules on concentration risks. The Central Bank should have asked questions. The Government should have taken appropriate action to counterbalance that. Again I am back to this view that it is a very widespread phenomenon where one should not single out one person or one group of actors.

There is the issue of the large increase in the banks' balance sheets. Mr. Regling does single out the commercial aspect of that on page 6 of his report. We now know 190 people who were transferred into NAMA had tens of billions of euro - over 50% of the entire loan book. When I say 190 people I mean 190 individuals or corporate entities. Should that have been pulled up immediately?

Mr. Klaus Regling

The one point we make repeatedly is commercial property was an even bigger problem than housing. That was a clear conclusion. Housing of course also was a housing bubble, but the commercial property was the one that probably was economically more important and led to bigger losses in the end.

The report ends immediately before the bank guarantee. The weekend before that, there was a liquidity crisis within a bank that was part of the IFSC, DEPFA, which was part of Hypo Real Estate. Did Mr. Regling or his report analyse the circumstances in the Irish authorities? What requests went to the Irish authorities regarding the circumstances of DEPFA?

Mr. Klaus Regling

No, we did not get into that.

He did not, even though there was a request made to the Irish authorities for aid of some nature?

Mr. Klaus Regling

Yes, but we did not get into that.

The report does not deal with NAMA, but can I ask Mr. Regling's view on the attempted solutions subsequent to his report - the establishment of NAMA? It is a follow-on from the question. There is an Irish saying that "if I was going somewhere I would not start from here."

Please ask a question, Senator. You have two minutes left.

What are Mr. Regling's views on the attempted solutions?

Mr. Klaus Regling

Again, this is not part of the report, but of course I followed what happened in this country and in other countries because Ireland is one of the five countries where my institutions have provided a lot of financing. What happened here with NAMA also happened with most other countries - to create an entity that priced bank resolution and separated bad parts and good parts of the banks. In that sense, it was the way that was also chosen in all the other countries. On the details I cannot comment but let me stress again that crisis management is always difficult because decisions have to be taken in real time, before all the information that one would like to have is really available. That is a very general statement but unfortunately it is true.

The other point, I already mentioned it briefly, is that certain instruments and frameworks that were developed afterwards were not available in 2008, particularly on the bank resolution side.

Mr. Regling quotes the Reinhard and Rogoff book, "This Time is Different". Am I correct in saying that, in terms of the Irish crisis, it was not different but was the same as every other property bubble internationally for centuries?

Mr. Klaus Regling

It was certainly not different. What was different in the Irish case, and I hope it comes across reading the report, is this very unusual interaction of global elements, European elements and home-grown problems. They are all coming together unfortunately at the same time and all pointing in the wrong direction.

The question I have is----

You are out of time, Senator.

Just to finish the question----

No, you are over time.

Go raibh maith agat agus cuirim fáilte roimh an tUasal Regling chuig an coiste. I wanted to start by looking at the area of commercial property. Reading Mr. Regling's report, one of the things that strikes me is that he emphasises time and time again the role that commercial lending, commercial property played and the concentration. There has been a narrative there and indeed I think some of the comments he has made play into that narrative, where he talks about the national obsession that people had with property. We had our own Taoiseach in Davos saying that we went mad borrowing and so on.

Can Mr. Regling talk about the role commercial property played in that? The information we now have from the Nyberg report suggests that 50% of the Irish loan book of Anglo belonged to 20 individuals, 51% of the loan book of Irish Nationwide was made up of 25 individuals and 190 borrowers made up €62 billion of debt. When we talk about the property bubble and the crisis here, was it essentially a commercial property bubble and was it essentially a small number of individuals?

Mr. Klaus Regling

Of course one had both. One had the housing bubble as such - real estate - and when we talk sometimes about the obsession of the Irish public with real estate I think we refer to that.

People really thought prices would never fall because the collective memory did not exist, unlike in the UK for instance where people know that once in a generation there is a crisis in the housing market and prices drop by 10%, 20% or 30%. This collective memory did not exist here, so people thought it would always go up and the investment could not go wrong. That relates I think to real estate. On the property side, our research suggests that economically it is a more serious issue. Data were quoted from Peter Nyberg's report. He did his report about a year later so we did not look into that in that detail. I take it that these numbers are the right ones but we did not work on those ourselves. Economically, this misdirection of capital hit the Irish economy even more than the housing bubble because it seems that a lot of investment took place that was never really viable and will never be viable in the future. It is a real loss, and that is quite different from real estate where we see already that prices are recovering.

If we look at NAMA, which again appeared afterwards, we see from reports by NAMA that housing made up less than a fifth of NAMA’s assets. One of my questions relates to the concentration of commercial property, which was the majority of assets that went into NAMA. Only 54% of it was within the Irish State. Could Mr. Regling expand on the role in the crisis played by the credit and commercial lending and the activities that took place outside of the State?

Mr. Klaus Regling

That is another phenomenon that one finds also in other countries. Given the very ample liquidity and the search for yield, banks and investors in general look to other possibilities to make money. They have leveraged huge liquidity. If they do not find opportunities at home, another way out is to go abroad. By the way, a third opportunity is to invest in strange assets such as sub-prime mortgages and other such assets. They are the three possibilities – all of which are not very good. We saw that happening also in other countries. Indeed, it was striking that some of the Irish banks got into property deals quite far away from Ireland.

Mr. Regling mentioned-----

Mr. Klaus Regling

Of course some integration of financial markets in Europe is desirable and we wanted that, but it happened too quickly and went too far and without good risk analysis.

Mr. Regling mentioned in terms of alarm bells that banks should have known the concentration of commercial property lending. Mr. Regling’s late colleague, Max Watson, also mentioned when he was before the finance committee in 2010 that supervisors should have known. When one has a bank, for example, Anglo Irish Bank, that has 50% of its Irish loan book lent to 20 individuals, what type of alarm bells should have sounded and what should have been the reaction? Is it acceptable to not sound those alarm bells given the knowledge that Mr. Regling believes that the banks knew about the concentration of lending and that his late colleague believed that the supervisors would have also known?

Mr. Klaus Regling

Yes, it is one of the clear failures.

Why would they fail to do that? I assume – please correct me if I am wrong – that 50% of the lending of a major institution to 20 individuals is something unheard of in banking. Is that correct?

Mr. Klaus Regling

I cannot confirm the data as they come from the Nyberg report. They are probably correct but they are not part of our report. Without going into the data of individual banks, the phenomenon Deputy Doherty describes points very clearly to failures of senior bank managers, the supervisory board and the supervisors. That should have been caught and addressed. Again, it was in the context of the great moderation and the belief that banks would regulate themselves. I do not wish to blame only the people at the time, it was also the culture at the time which was to be blamed, and we have learned from that.

I wish to look forward. Mr. Regling mentioned that the crisis had the potential to destabilise the euro. I take it that the response to our crisis, in particular in 2008, could also have had the effect of saving the euro. Could Mr. Regling elaborate on that? The language used in the policy lessons to which Mr. Regling referred on page 43 is interesting. He talked about the need for closure, including for the Irish people, and the need for justice to be done. What role does he believe our European partners and institutions have to play in that regard? Many believe the best way to achieve closure is to get back some of the money that was injected into the banks.

Mr. Klaus Regling

Deputy Doherty has mentioned one very specific aspect. For me, what has happened goes a long way in terms of closure because the European partners and the euro area as a whole, have developed a completely new system. Monetary union today is different from monetary union as it was designed during the 1990s and in the Maastricht treaty. We now have emergency financing available through my institutions. We have much broader surveillance. We have a banking union. Countries are under stricter economic policy co-ordination that goes far beyond the fiscal side, which was always co-ordinated through the Stability and Growth Pact. Now we also address all the other areas that can lead to problems. We have an excessive imbalance procedure that looks at current accounts, wage developments, and competitiveness among other matters. It is a new system. That is what the European partners could do. In Ireland, Parliament has done a lot of work in that regard. There are also proceedings going on against individuals. All of that is important.

Does Mr. Regling not see getting the money back as part of the closure?

Deputy Doherty is well over time at this stage. He has had almost eight minutes.

I welcome Mr. Regling. I will take him back to the fraught environment in September 2008. Lehman’s bank filed for bankruptcy on 15 September. What would have been the implications for the eurozone if a bank had collapsed in the eurozone, not necessarily in Ireland, if there was a disorderly failure of a bank at a time when there was such a liquidity crisis following the collapse of Lehman's?

Mr. Klaus Regling

The problem is that no one can be absolutely certain about that. We learned that through Lehman's. I remember very well that the weekend before Lehman's was allowed to fail, after the US authorities had rescued several other big banks, they reached the point where on that particular weekend in mid-September they decided to let one go. I remember many editorials in global newspapers that said indeed the time has come to let one of these big banks fail. That indicates to me that nobody can really pretend that he or she knew the consequences. Lehman's has shown that the consequences can be unpredictable. We just do not have experience. In today’s world where even banks that do not belong to the top ten can be so interconnected through new financial instruments that did not exist 20 years ago, the implications go far beyond what one could imagine. That is the lesson from Lehman's. Therefore, it is very hard to say what exactly would have happened if one of the big European banks would have gone under. At the time it was decided that after Lehman's it was too risky to do that also in Europe.

By whom was it decided?

Mr. Klaus Regling

I think by the collective body of policy makers in Europe, in the euro area and in individual countries.

Would it not have been a national decision at that time to let a bank go?

Mr. Klaus Regling

Yes, certainly it is mainly a national decision, but of course in the euro area what happens in one country has an impact on other countries. That is why the finance Ministers meet every month in Brussels or more often if necessary. The central bankers work together. The supervisors work together. That is the international responsibility, but decisions are taken normally after talking to many others. As I said earlier, sometimes decisions also have to be taken very quickly without all the information one would like to have. Crisis management is not easy.

I suppose what I am asking is whether there was a no bank should fail policy in the eurozone in the wake of the collapse of Lehman's in September 2008.

Mr. Klaus Regling

I do not think it was a policy in the sense that it was written down anywhere.

I am not aware of that but I think particularly after what happened at Lehman and the aftermath of Lehman there was a feeling that one had to be very, very careful here.

In Mr. Regling's report in terms of holding a lot of people and organisations responsible, one could say that nobody is really being held responsible for the crisis. The question that many people will want answered is why no one in authority, whether it be within the banks, the regulator, the Central Bank, the Department of Finance, the Government or the external bodies, shouted "Stop" when this problem was building up and it was clear that a crisis could potentially develop, that risks were being developed in the Irish economy? That is the question many people would want to have answered. Mr. Regling met with many of the key people involved. Why did nobody see it coming? Why did nobody shout "Stop" in the years leading up to 2008?

Mr. Klaus Regling

As the report states, this was indeed the problem. It was a failure of all those involved. The only way to understand it is to think back to the time when there was great moderation, economic developments seemed fantastic, there was strong growth and a growth rise in the standard of living without an increase in headline inflation and as prices, including housing prices but not only those, went up, it was not seen as such a problem at the time. Today, it is seen as more of a problem. Macro-prudential tools were not well developed and were rarely used, although they existed. All these things are different today. We have learned from this but at the time it was not the case and that was not only here but also in other countries.

On page 35 of Mr. Regling's report, he touches on the issue of remuneration and bonuses for people working in the banks and he makes an interesting point that the perception, as such, would have been that there were top management bonuses and the awarding of stock options on a large scale, but Mr. Regling states that one should not neglect incentives set for middle level bank management and indeed loan officers. Could he elaborate on what he means by that and the role that played in the lending policy that was being pursued by the banks, the role that people played by virtue of how they were going to be rewarded for decisions that they made in their jobs?

Mr. Klaus Regling

It was fairly common practice to have bonuses for top management but it was unusual that loan officers were also rewarded for providing more loans. We know these kinds of incentives can lead to certain behaviour.

So the more they lent out, the more money they got in bonuses.

Mr. Klaus Regling

Yes and then they probably did not do the credit analysis as thoroughly as they should have. In addition, looking at the increase in loans to real estate during that period, it was probably impossible for the loan officers to do a thorough credit analysis. There were just too many applications, otherwise this jump every year would have been impossible.

Can I expand on what Deputy McGrath has raised with Mr. Regling? Was the bonus culture in the banks at the time, which existed both at senior management and middle management level, particularly targeted at the property sector and lending into the property sector?

Mr. Klaus Regling

I cannot recall the details - it is too long ago, but I think it was because it seems the big banks' main business was geared towards increasing lending to the property sector. The data show that very clearly.

Is it your judgment that the banks were incentivising growth in property and in property lending?

Mr. Klaus Regling

Yes, I think that was our conclusion.

Third, and this is my last question before I move on to the next questioner, was middle management incentivisation through bonuses particularly unique to Ireland or was that a practice mirrored in other regions across the eurozone?

Mr. Klaus Regling

I think it was certainly more so here. I am not aware of it in other countries but I may not know everything about the other countries. It seemed to be certainly stronger here.

Thank you. The next questioner is Deputy John Paul Phelan and he has six minutes.

Mr. Regling is welcome. In his presentation today, he posed the question of whether there were failures by auditors. In his view, in drawing up his report, were there failures by auditors in the Irish banking institutions?

Mr. Klaus Regling

We raised the question, and it was one of several, because that was part of our mandate. We could not get to investigate that in the report so I do not have an answer but it seemed an obvious question to ask given what we see in the balance sheets of banks and how their loan portfolio developed and on the concentration and other things we have already discussed here. The question for me then is quite obvious - why have auditors, among many others, not been ringing the bells? It was a question that we put at the end because we did not get into that. We did not interview the auditors.

From Mr. Regling's experience, was that a uniquely Irish thing in terms of our difficulties in the banking crisis, or were there questions over auditing in other countries that experienced difficulties as well?

Mr. Klaus Regling

I can only answer that indirectly. My feeling would be that in other countries where we have seen big housing bubbles and that occurred in Spain in the euro area and in the Baltic countries outside the euro area, but in regard to the EU where they had a similar phenomenon of very strong lending to commercial and real estate properties, there were probably similar problems but I never researched that.

I want to turn to page 5 of the Mr. Regling's report where he spoke about a pattern of tax cuts that left Government revenues fragile. Can he outline briefly what he meant by the pattern of tax cuts?

Mr. Klaus Regling

The fiscal policy, as I already said, turned pro-cyclical around 2004. There was a problem on both sides. Expenditures went up but the Deputy's question is mainly on the revenue side. It is also striking that expenditures after 2004 - there is a chart there - were growing faster than nominal GDP. Until then it grew less than nominal GDP so that was one problem. On the revenue side, we mentioned in our report that the share of cyclical taxes like property taxes and sales taxes increased significantly. That makes the system more vulnerable because, with hindsight, we know that these sources of tax revenue disappeared with the crisis. That was a very strong reason the overall fiscal deficit became so big. Unfortunately, with hindsight, that is exactly what happened. The deficit became big because the reliance on cyclical revenue had become so large.

Regarding those cyclical taxes, in 2006 they formed about 30% of the overall tax take in Ireland. What should that figure be in Mr. Regling's view?

Mr. Klaus Regling

I am not a tax expert. I cannot give the Deputy that answer. It seemed to be higher than, say, an OECD average but I just cannot say what is the normally accepted ratio. I do not know.

Mr. Regling also mentions in his report that tax breaks to developers seemed to have been granted on almost an ad hoc basis and not in a fully transparent way. Can he elaborate on how he came to that conclusion?

Mr. Klaus Regling

That is what we heard, that these tax breaks were provided. We could not find any clear policies on this. That is why we wrote the sentence the way the Deputy read it, that it seemed to be ad hoc but that is it. We could not find policies in place that would have governed this in a transparent way.

Finally, in his report Mr. Regling said there was scope to mitigate the risks of the boom-bust cycle through prudent fiscal and supervisory policies. Why in his view were those steps not taken in Ireland?

Mr. Klaus Regling

I already mentioned that fiscal policy could have been counter-cyclical. Instead it was pro-cyclical. Supervisory actions could have been taken but were not taken. Again, it is a little like the questions from the Deputy's colleagues. One has to see it to some extent against the culture of the time. People thought, and not only in this country, that we lived in the great moderation where everything was perfect, that high growth would continue forever, that there would be no inflation and no problems, and that markets would regulate themselves. We learned it was an illusion but one has to keep this environment in mind if one tries to understand why the actors did not use instruments that seemed so logical with hindsight and should have been taken.

I call Deputy Eoghan Murphy who has six minutes.

Picking up from my colleague's questions on the policy side, one of Mr. Regling's policy lessons is that fiscal policy should not be designed and tax bases should not be eroded for distortive goals.

What does Mr. Regling mean by "distortive goals"?

Mr. Klaus Regling

In this context, distortion really means being in favour of real estate and property, because we see the tax exemptions and the possibility at the time to deduct interest rates on mortgages. All these things that promoted, from the fiscal and tax sides, moving in the wrong direction and fuelling the bubble led to the distortions.

Mr. Regling said there was no clear policy evidence for why the changes were made in the tax structure at the time.

Mr. Klaus Regling

That is why we said it was ad hoc.

When Mr. Regling appeared at a meeting of the finance committee in 2010, he said that, in producing his report, he did not interview the Prime Minister at the time, the Taoiseach.

Mr. Klaus Regling

That is correct.

Mr. Klaus Regling

I promised not to mention any names but I think it is known we interviewed several finance Ministers. I do not know; I think we did not try to interview the Prime Minister. We talked to so many people that we thought we had a pretty good impression of what we needed to know for the report.

Mr. Regling was aware that the Taoiseach was a Minister for Finance during the period in question.

Mr. Klaus Regling

Sorry?

Was Mr. Regling aware that the then Taoiseach was previously the Minister for Finance during the period covered by the report?

Mr. Klaus Regling

Of course. I actually met him in that capacity when I worked for the Commission, in the ECOFIN.

He decided not to interview the Taoiseach when he was doing this report.

Mr. Klaus Regling

Yes.

Let me move on to the regulation model. I do not know whether it is a contradiction in Mr. Regling's report but he talks about the structure or regulatory model at the time having been an experiment and about it coming from a compromise. When his colleague, Mr. Watson, was in front of the finance committee, he said in relation to not having the prudential director on the board that everyone knew it was wrong, so much so that they wrote to the Department of Finance and said, "We cannot possibly do that". It was said he was to be put on a board anyway. Mr. Regling concludes that the design of our regulatory system was not the issue. Can he expand on what was happening in terms of the design, in the first instance, and why the design was not an issue given what happened?

Mr. Klaus Regling

Yes. Many countries have experimented with trying to find the correct design for supervision. Some countries from the beginning left the matter with central banks; others took it out, as in the UK, but it has now put it back with the Bank of England. These things are going back and forth. Max Watson's and my conclusion, not only for Ireland but globally, is that the structure plays less of a role than the culture. We are not saying the structure, the institutional set-up, is unimportant but that it plays less of a role than the culture. It is more important that the culture be the right one. If the people play their role in an assertive hands-on way, that is more important than the institutional set-up because, even if the institutional set-up is perfect - if one can find a perfect set-up - but there is a hands-off, non-intrusive and too-polite approach in the belief that markets will find a way themselves, that set-up does not really help. That is why we came to this conclusion, which is a global conclusion and not one only for Ireland.

To be clear on that, although there were clearly problems in putting together this regulatory infrastructure, no matter what design we might have ended up with and no matter why we ended up with it, ultimately, given the way it was implemented it was not going to work in the way it should have.

Mr. Klaus Regling

If the culture is not the right one and if the people in charge, whatever the institutional set-up, are not playing their role as they should, then the best institution does not help. However, I do not want to say the institution does not matter at all. It is important to get it right and have the lines of communication correct. The right people have to be at the right meetings. All that is important. We only want to say it is even more important that the people in charge really play their role well.

Mr. Regling spoke about the view in Europe prior to our crisis and bank guarantee on letting a bank fail. Was there a view or policy on bank nationalisation?

Mr. Klaus Regling

I do not think there was a policy. When the crisis hit, all this came unexpectedly. That is why we did not have the institutions in place, such as my institution. There were not policies in place that one would wish today with hindsight had been in place. Therefore, there were approaches and decisions taken without having a general policy developed first.

I will ask my final question. Mr. Regling mentioned culture and talked about cultural attitudes in this country. When Mr. Wright, who was in the Ministry responsible for finance in Canada, was before us, he referred in his report to Ireland failing the test of prudent fiscal management. Does Mr. Regling see any cultural problems or aspects in this country that make it difficult for us to manage euro membership policy formation and everything that goes with it?

Mr. Klaus Regling

No. In this country, the people have learned. In other countries where we saw problems during the crisis, people have learned. In the euro area as a whole we have learned. The institutions, such as the Commission, also have learned. I would not support at all the Deputy's implication that Ireland, even today, is not fit for the monetary union.

I call Senator Barrett.

I thank Mr. Regling for his report. Was ELA available in 2008?

Mr. Klaus Regling

I would assume so because ELA is a concept that existed from the beginning of monetary union. I would think so but I cannot remember exactly what happened and what was given to which banks, but in a general sense, the answer is "Yes".

Why was it not availed of in either Brussels or Frankfurt, or in Dublin?

Mr. Klaus Regling

ELA is always given by the national central bank but the ECB in Frankfurt has a veto right.

ELA refers to emergency liquidity funding.

Mr. Klaus Regling

ELA stands for emergency liquidity assistance, provided by the national central banks. They also carry the risk but, of course, the ECB in Frankfurt keeps an eye on it. Brussels has nothing to do with that. I just do not know what happened in 2008 with ELA. That is something about which the Senator would have to ask Governor Honohan.

Mr. Regling mentions on page 15 that Canada was very successful in avoiding a banking crisis, despite being next door to the United States. What aspect of Canada might this committee look at?

Mr. Klaus Regling

It is an interesting comparison because Canada got through the crisis very differently from its neighbour and some European countries, but the banking structure in Canada is completely different. There are six large banks, almost equal in size. They had a much more hands-on supervisory system. What happened in the US, for instance, was that the originate-and-distribute model that contributed so much to sub-prime mortgages and the development of financial instruments that were rated triple A but worthless afterwards just did not feature in Canada. In Canada, when somebody wanted a mortgage, one went to the bank and it would proceed in the good old way of doing a credit analysis and then deciding whether to give a mortgage. In the US, this system did not exist any longer in the second half of the last decade. Everything was done by the financial markets. Nobody really did a thorough credit analysis, as a loan office and bank should do, and that is why it all got out of control. That was the origin of the global financial crisis. Canada just kept its old banking model whereby a mortgage was given by a bank. It also stayed on the books of the bank, and that is why the bank felt more responsible for doing a good credit analysis. It knew that if it did a bad one, it might end up with a loss. It is very interesting in that there was very different development in the two countries.

How many of our problems were imported from the design faults in the euro at the beginning?

Mr. Klaus Regling

Some, as I tried to make clear. The report says it. However, I must always come back to the combination of global factors, including too much liquidity, interest rates that were too low, European problems, and not being fully aware of what it means if a country enters monetary union and interest rates come down permanently. In the case of Ireland, long-term interest rates were basically cut in half permanently. This created a monetary boom. We knew that this would happen but the extent and consequences were not fully appreciated. We did not have available to us the instruments, such as ESF and ESM, at the beginning of the crisis. We did not have a banking union and we did not have the ESRB, the body that is now in charge of macro-prudential risks.

We did not have a banking union, we did not have the ESRB, the body that is now in charge of macroprudential risks. We tried to co-ordinate fiscal policies through the Stability and Growth Pact but we did not systematically look at other imbalances like current account imbalances, competitiveness imbalances, all these things have been corrected but they were not there in the beginning and it contributed to the crisis. It is a combination of global, European and national failures.

Most Irish economists opposed joining the euro because of those design faults. I think while Mr. Regling has been very tough on the mistakes we made here, the mistakes in Frankfurt and Brussels contributed handsomely to the difficulties. The loss of the exchange rate----

Sorry, Senator, can you ask a question please?

The loss of the interest rate, weak fiscal federalism, no bank regulation----

Sorry, Senator, excuse me----

---no controls over capital flow, no exit mechanism - these are still a problem.

Before Mr. Regling responds to that, Senator, please, when I make an intervention, you stop speaking. You cannot make a suggestion as to what was happening in Frankfurt by your judgement, otherwise this is not an inquiry, it is just a regular meeting of the committee. If you want to put the question to Mr. Regling whether there were mistakes made in Frankfurt, off you go, but please do not prejudge a question of implied value judgment with your statement, and certainly stop speaking when I make an intervention.

Mr. Klaus Regling

As I said before, in my view, and this is I think reflected in the report, all these elements contributed. This includes the European element and we wrote about that in the report. At the beginning of monetary union this move to permanently low interest rates meant a monetary push. We knew about it but we did not anticipate the full extent of the problems. We were in favour in the EU as a whole of more financial market integration but we underestimated the consequences because it could mean - as we see in Ireland and some other countries - that it allowed banks to access funding from abroad and fuel the bubble. There was nobody who told the national supervisors to do something against that. All that has been changed, but these are indeed problems that came from the European level and they added to the problems that came from the global level and the home-made failures in governance in many areas.

What categories of people did Mr. Regling speak to in the preparation of his report?

Mr. Klaus Regling

I think in our preface we say that we talked to many officials and private sector representatives with whom we met in Ireland and abroad. We met with former bankers, central bankers, consumer representatives, Government officials, journalists, politicians, financial regulators, trade union representatives, and members of the academic community. Outside Ireland we met officials at the Bank for International Settlements, the ECB, the European Commission and the IMF, so it was fairly widespread. We did not give any names in the report but we talked with about 100 people.

Could I put it to Mr. Regling that it was widespread in a sense, but it really related to an elite and largely to the establishment? Would he agree that perhaps when he says property acquisition as a topic was almost a national obsession in Ireland, and that it was hard to overstate the impact of this cultural attitude, this was perhaps the case among those people to whom he spoke, but the big majority of ordinary people in this country were not involved in property speculation. By way of background, this is a particularly sensitive issue here because some of those who have pushed subsequent austerity justify it on the basis that "we all partied". In reality most people did not, they were the victims.

Mr. Klaus Regling

This opens a wide field. Of course, we talked mainly to people who played a role and where we thought they could help us understand how the bubble developed and what went wrong. In a sense many of them were decision makers, but we also talked to academics, trade union people and journalists, but we did not talk to people in the streets, that is also correct to say, because we did not have the time to do that. I would not call it speculation when people bought apartments and houses, because they did it given their belief that prices would only go up, it would be a good investment but would not be wrong, and they wanted to already buy apartments for their children early. As we heard as an example, people bought apartments for their children who were still in school because they thought once they got out of school, university and start a job they would not be able to afford a house. That is why we use the word "obsession" or almost obsession, which goes beyond what I see in some other countries. I would not call it speculation.

That I have a different view of austerity policies Deputy Higgins probably knows, so I will not get into that now.

In Mr. Regling's report under "areas for investigation" and "policy lessons", can I ask in particular regarding speculation in building land and property, are there lessons in that regard that should find their way into policy changes? By way of background, I refer to the fact that in Europe, the component price of a home that is caused by the land or site value is about 15%, but in Ireland in the top of the bubble the price of the land reflected itself in about 50% of the price of an ordinary home. An expert here, P.J. Drudy, writing in the Journal of the Statistical and Social Inquiry Society of Ireland, 2007, said "there is evidence to suggest that land suitable for housing in some parts of the country, and especially in the Dublin area, is controlled by a relatively small number of landowners and developers." Does Mr. Regling think it would be appropriate that there should be, for example, control of profiteering in building land, or in the subsequent housing, etc., that is built on building land? Should that not be a policy change as well as some of the others he suggests?

Mr. Klaus Regling

This goes beyond our report. We did not get into that. I think the share of the price of the land going up in a bubble is quite normal, a common phenomenon. These numbers the Deputy quotes I cannot confirm and I do not know what is a normal bubble - to the extent one can talk about a normal bubble. The phenomenon I think is quite usual and one will find it in other countries.

What to do - I am not an expert, we did not get into that and it is not my expertise. I think transparency is always good. The tax system can also play a role - property taxes can play a role, but I think the committee has other experts who will come here who know more about that.

The point is that a home is a social need and those who profiteer are allowed to do so. That has been the situation in this country.

In page 45 Mr. Regling says, "it appears particularly surprising that there was not a stronger reaction within the banks themselves and among supervisors to lending trends that saw progressive build-up of concentrated loan exposures to and within the commercial property sector." Indeed I think he would add the housing sector as well. Was it the case in reality that the property speculation goose, so to speak, was delivering golden eggs by the bagful for the bankers, bondholders and investors, and those who were benefiting simply wanted the good times to continue? Perhaps that then worked its way through to the regulators and even the establishment politicians? They were all drinking in the same well of free-market capitalism so let them at it. Would that be fair to say?

I will have to push the Deputy to the question.

Mr. Klaus Regling

We talked about bonuses, so obviously the system was in place that people benefited from increasing loans.

On how far spread this was, the Deputy's implications are very political. We did not get into that. However, certainly some people benefited a lot from these developments and it was, let me repeat, against a background of everything going well, the standard of living going up for a large part of the population and GDP per capita growing strongly. We know today it was growing too strongly and that it was not sustainable. Everybody benefited, some more than others, but a large part of the population also, and people thought these good times would never end. Again, this was not an Irish phenomenon. This was the same in the United States and many other countries.

To wrap up, I wish to touch on three things. One of the items is what Deputy Higgins was just indicating to Mr. Regling. On the issue of regulation, Mr. Regling used the term "light touch" earlier. Was light touch regulation, in his opinion, a result of policy or a result of pressure coming from the financial institutions? Which was the main driver of light touch regulation?

Mr. Klaus Regling

That financial institutions prefer light touch supervision is understandable. That is not surprising at all to me and this was also what we saw in all the other countries, in particular in the United States. The financial sector was happy with light touch regulation. So, no surprise here. What is surprising is that the policy world - the regulators, supervisors, central banks, policy-makers, and a large part of the academic world - believed for a very long time that this was the best possible approach. We saw the consequences. Let me quote Mr. Greenspan again. I think, on this occasion, it is very instructive to quote him. It was he who promoted this for a long time. He said it was a mistake.

There are two other matters. In and running up to the conclusion of Mr. Regling's report, he states that there were two groups of factors that caused the crisis in Ireland. There were the global factors which were external factors and there were the home-made factors. Which was more decisive in contributing to the Irish banking crisis and financial collapse: the international factors or the home-grown domestic factors?

Mr. Klaus Regling

We had a similar question before, and I cannot say. What I would like to emphasise is that because these different factors came at the same time, that is the explanation for why it became so bad. If only one of the factors had been at play and the other not, then the crisis would have been much shallower.

Would there have been a crisis in Ireland regardless of what was happening outside the country?

Mr. Klaus Regling

Yes, but it would have been less serious.

On the home-made factors, Mr. Regling spoke about the pro-cyclical fiscal policy, which was the Government incentivising continuous spend, particularly in areas of property and so forth, weak governance and risk management within the banks, weak regulation and supervision of the banks by the Irish authorities, and the absence of forceful warnings regarding financial stability from the Central Bank. Mr. Regling also mentioned fiscal policy being that driven by Government, the governance of the Central Bank and other matters. In his judgement, having completed a report and upon review, how would he rank those factors in order of significance?

Mr. Klaus Regling

I do not want to rank them. They all contributed. If one of them had not been there, the crisis would have been a little bit less serious but there would have been a problem in any case. It is good the Chair asked the question again, because that was the main conclusion of our report. There were so many factors coming from the different sources - globally, European, national - and they all happened at the same time. That is why the crisis became so serious.

My final question to Mr. Regling in regard to the committee and the work we are doing is how the eurozone members collectively and Ireland in particular can work to ensure that the risk of a similar banking crisis occurring in the future is mitigated or prevented from happening again.

Mr. Klaus Regling

Ireland and the euro area as a whole have already done a lot by deciding on new policy co-ordination mechanisms. We have now - I mentioned it earlier - the so-called excessive imbalance procedures. This looks at macroeconomic imbalances that can lead to a crisis like excessive divergence in competitiveness, current account imbalances and credit bubbles. All this is now done in a systematic way. It did not exist before the crisis. We always had a Stability and Growth Pact but not these other elements. The Stability and Growth Pact has been strengthened. There is less room for political interference now. The Commission proposals will normally become European law. We have done things on banking union, including transferring the supervision of important systemic banks to the single supervisory mechanism, SSM. That is important. We have the European financial stability facility, EFSF, and as a permanent crisis mechanism, the European Stability Mechanism, ESM, which did not exist before the crisis. There are many different elements where we have tried to draw the conclusion.

Let me mention also the European Systemic Risk Board, ESRB, which is not well known by the broader public. It is a very important innovation because it has this mandate of looking at macro-prudential risks. No one did that at the European level before 2008 and, let me say again, the same in the US and the UK. So, not only a European phenomenon. One clear lesson of the crisis is that these macro-prudential aspects can become very important. Supervisors in the past only looked at the micro aspect. They went into a bank - maybe not assertively enough - and looked at the loan book, loan by loan, and decided whether it was a good loan or a bad loan, whether the provisions were enough. However, there was no one to add it all up, which is the macro-prudential side, to come to a judgement on whether, overall, from a macroeconomic perspective, what banks were doing in a country was excessive or not. So, we have learned lessons in many different areas here in Ireland, but also in the euro area as a whole.

I thank Mr. Regling again on behalf of the committee for his participation today and his engagement with the committee. It has been a very informative and valuable meeting in understanding the factors leading to the banking crisis in Ireland. Once again, we extend our sympathies to the family of Mr. Watson on his recent passing. I propose we suspend until 11.45 a.m., at which time we will resume with the next session of the meeting when we will be dealing with Professor Lane.

Sitting suspended at 11.30 a.m. and resumed at 11.45 a.m.

Professor Philip Lane

The Joint Committee of Inquiry into the Banking Crisis is resuming in public session. Next on the agenda is our discussion with Professor Philip Lane from Trinity College Dublin. Our guest is a professor of international macroeconomics and director of the Institute of International Integration Studies at Trinity. He received a doctorate in economics from Harvard University in 1995 and was an assistant professor of economics and international affairs at Colombia University between 1995 and 1997 before moving to Trinity College in that year.

He is a research fellow of the Centre of Economic Policy Research and has been a visiting scholar at the International Monetary Fund and the Federal Reserve Bank in New York, and a consultant to the European Commission.

His research interests include international macro-economics, economic growth, European monetary union and Irish economic performance. He is a managing editor of the Economic and Social Review and is also on the editorial boards of the Journal of the European Economic Association, the International Journal of Central Banking, Open Economies Review and Economics and Politics.

Professor Lane has been invited here today to discuss the Irish banking crisis, and economic and monetary union.

Before we begin, I wish to advise the witness that by virtue of section 17(2)(l) of the Defamation Act 2009, witnesses are protected by absolute privilege in respect of their evidence to this committee. If they are directed by the Chairman to cease giving evidence in relation to a particular matter and continue to do so, they are entitled thereafter only to a qualified privilege in respect of their evidence. They are directed that only evidence connected with the subject matter of these proceedings be given. The witness has been informed previously that the committee asks witnesses to refrain from discussing named individuals in this phase of the inquiry.

Members are reminded of the long-standing ruling of the Chair to the effect that members should not comment upon, criticise or make charges against a person outside the House or an official by name, or in such a way as to make him or her identifiable.

I now invite Professor Lane to make his opening remarks.

Professor Philip Lane

Thank you, Chairman. I am glad to have the opportunity to speak to the committee today and to take questions about the role of the euro in what went on. Since the mid-1990s this has been one of my main research areas. The idea of monetary union was in the air since the early 1990s and there was a lot of discussion about what might happen once the euro was formed. Of course, now we have seen all that has gone on in the first 15 years.

I will make four points in this opening statement, so it will be an overview of the more detailed written statement I have provided. The first point is to talk about the global context. Europe, in the end, is a relatively small part of the world economy. We have to remember that the euro area lives in a global economic and financial system.

Second, I will talk about the impact of the euro in its first decade until the crisis. My third point is about the role of national macro and financial policies under the euro. My fourth point will be about how the euro has affected crisis management since 2007-2008.

In terms of the global context, since the late 1990s the creation of the euro was not the only major event in the world economy. In the background, for example, the rise of China had a big effect. China was growing so quickly that it was important in the late 1990s, but by the mid-2000s it was very important. That had trading effects, although maybe less so here. For example, the economies of Portugal, Greece, Italy and so on were quite affected by the rise of cheap imports from China. Financially, the surpluses coming out of China were essentially flowing into the US financial system. Low interest rates in the US prompted, for example, the rise of securitisation in US financial markets and European banks were active in the US system. Therefore, there was a deep connection between what was going on in the US in the mid-2000s and what was going on in Europe. A lot of that was being intermediated through banks. European banks were important in linking the US financial system to the European financial system.

That meant that by the mid-2000s we had this global liquidity situation where interest rates were quite low globally, while capital was flowing and trying to find extra yield. There was a lot of interest in innovative products like asset-backed securities. There was a lot of availability of non-deposit funding. What we saw were lots of countries starting to run much larger imbalances. That was true in the euro area but also outside it. We saw the Baltic economies and Iceland running large deficits. Within the euro area, Ireland was running a current account deficit, but it looked smaller than what was happening in Spain, Portugal and Greece for example.

Let me now turn to the direct effect of the euro itself, which was interacting with those global factors. It is important to split the time period into sub-parts. First of all, from 1997 to 2001, there is an entry phase. The fact that EMU was going to happen already led to a decline in interest rates in the periphery of Europe. It led to a lot of optimism that now interest rates and inflation would be lower. It created a situation where there was more temptation to invest, consume more and save less.

I would emphasise, however, that period really came to an end with the recession in 2001. The US recession and the European recession in 2001, even though relatively brief, did break that initial phase. If one went back and asked people in 2002 and early 2003 what happened next, they would say essentially that the exciting phase was over. Essentially, one might think at that time that the world would settle down to more normal behaviour. At that point, however, from 2003 to 2007, the import from the US of low interest rates, innovative financial products - and global banking corporations looking to invest through the interbank market and bond market in national banking systems across Europe - all of these credit events were happening then.

I would emphasise that at that time the fundamentals in Europe were looking less good. The interaction of credit supply was becoming more available, but in fact the story in Europe was becoming less positive. In a number of economies demographic factors were turning more negative. Oil prices were going up, which was a negative for importing countries in Europe. The dollar depreciated quite a bit. From 1999 to 2001 the dollar appreciated a lot, which has boosted Ireland in particular. From a low in late 2000, when €1 bought only $0.82 cents, by 2008, €1 bought $1.57. That was a pretty massive dollar depreciation against the euro.

In countries like Ireland and Spain, one saw that the business model of building export markets was replaced by an emphasis on local activity, especially construction. The quality of economic activity from a long-term sustainability point of view declined in that period. Essentially, there was a credit supply shock with all of this global liquidity being available, but in fact there were fewer productive opportunities in Europe at that time.

I will come back to the crisis period after 2007. Let me turn to my third point about what the role of national policies inside a monetary union is, especially in the context of this kind of credit shock. I will come back to interest rate policy in a minute. The other levers of policy include credit policies, thus using financial regulation to ensure that banks do not over lend. Today, we are talking in Ireland about loan-to-value ratios and loan-to-income ratios. The Central Bank of Ireland could have used those tools in the mid-2000s. Other countries did use them to a much larger extent than here.

This morning, Mr. Regling talked about the fact that these were out of fashion a little bit at that time. I think one can find examples where they were used more extensively than here. That is the first line of defence. When the source of the instability is global credit, the more direct way to deal with that is through regulation of credit politics here in Ireland.

The second line of defence is fiscal. At a micro level concerning the role of taxes and subsidies that might have encouraged investment in housing, those policies could have been changed. At a macro level, the narrative is that under monetary union the scale of fiscal surpluses one needs to run when one is in an all out boom situation, is much larger than was achieved.

It is the case that the fiscal balance was in surplus for a long time but fiscal surpluses of 1% or 2% of GDP were basically not enough. There are counter examples. I wrote in the report that in 2007 countries like Finland and Sweden had surpluses of more like 5% of GDP. Again if we roll back the clock, would that have been something that was seen as politically viable in the Irish situation - running surpluses in the mid-single digits? In the report I describe also the possible role of a rainy day fund. Essentially, given how difficult it is to manage surplus situations, it might have been a way to communicate to the population that some of this tax revenue was a windfall, so the capital gains taxes, the stamp duties and so on might be seen as ring-fenced. They were not going to be long-term revenues at the level that they were and those revenues could have been diverted into a secure fund, which then could have been released when the downturn came. I wrote about this in the late 1990s before the EMU pointing to this perhaps being one of the innovations we need. Regarding going into the euro, there was enough evidence that one needs to run fiscal policy on a more prudential basis than was achieved. It is important to say that it is not the case that the Irish system failed to deliver surpluses. There were surpluses and public debt came down to a relatively low level but this was of a different order - the scale of it that was needed to stabilise the system was much greater than was politically discussed at the time.

I will turn to interest rate policy, the one that we do not have under the euro but could have had outside the euro. One thing we could have taken before joining the euro was to revalue the Irish pound, so in terms of the lock-in exchange rates, we could have done more. There was a small revaluation in early 2008 - it was around 3%. The Irish economy was rocketing in 1998 and 1999. It could have been anticipated that a much bigger revaluation could have been a good way to start in the move to the euro because that would have relieved inflationary pressures that built up. In terms of interest rate policy, in the period 1999 to 2002 it is clear that we would have chosen much higher interest rates if we had been outside the euro. The economy was really strong, inflation was quite high and way above the European average. We would have seen much higher interest rates here. It is not super clear after that. From 2003 to 2005 inflation here has come down and in 2004 and 2005 we were pretty close to the European average. It is not clear to me that the Irish Central Bank at that time would necessarily have picked much higher interest rates. In 2006 and 2007 we were back to a situation where the economy started to overheat again and we would have picked higher interest rates. I think the interest rate sequence we would have seen would have been different but I also would emphasise that carries its own problems.

When a country has a small economy with its own currency and it raises interest rates in the heated situation we were in, there will be offsets. One is that it will look very attractive to global investors. If one is offering a 5% interest rate when France is offering 3%, one will have a lot of capital flowing in. It could have brought in foreign capital to look for gains here. The currency would have appreciated. The interest rates we would have needed to cool down the housing market might have been the interest rates that would have had severe consequences for the export sector. Switzerland is seeing that now. There is a trade-off between the currency position and the interest rate position we want for financial stability versus what is desirable for the real economy. That is the conundrum, there is no way around it, which is why, essentially, there is the current debate. Interest rates cannot do everything. We need the credit policies - the macro-prudential policies - as well.

Iceland had a floating currency. If one mixes a floating currency with poor regulation, one can get perverse outcomes because the krona in the mid-2000s was quite strong. What that meant was that an Icelandic risk-taker could say to an international bank that in euro terms he or she was worth €1 billion because of this currency appreciation effect and therefore he or she could offer it better collateral and could borrow more. Again, with a well-regulated banking system that effect goes away but one has to think about the interaction of interest rate policy, regulatory policy and fiscal policy together.

My final point is about the crisis. In the first period of the crisis from August 2007 onwards, there was a fairly positive view of European Union membership because it must be remembered that with the euro we had access to European Central Bank, ECB, liquidity whereas if countries outside Europe like Iceland, Latvia and so on had foreign debts and if they did not have liquidity to help service those debts, the scale of the problem was going to get bigger. One could say there is a little bit of inoculation but there is a down side to inoculation which means resolution is postponed. It must be remembered that a big part of liquidity provision is allowing foreign investors to escape, that the foreign depositors could leave the Irish banking system and be replaced by ECB liquidity. It is important to emphasise again that a major beneficiary of liquidity is not necessarily local but the fact that foreign bondholders can get out of their positions in a smooth and easy way. ECB liquidity is a double edged sword. It is a big benefit of being part of the euro system but there are some down sides in that some crisis resolution options are avoided through that mechanism. I would say that the ECB delayed too long in coming up with an outright monetary transactions, OMT, type structure. In 2011 and 2012 there was unnecessary prolongation and a deepening of the crisis through the debate about whether the ECB has a role in eliminating redemonination risk.

If we had not been in the euro we can imagine the scenario where we had borrowed a lot but were outside the euro. That scenario would have been a much deeper crisis but maybe faster recovery. The crisis would have been deeper because if we owed dollars or other foreign currencies, there would have been a lot of bankruptcies. On the other hand, the foreign creditors might have come up with deals. They might have shown forbearance. They might have offered debt restructuring and so on. On the alternative of being outside the euro, the initial crisis would have been deeper because we would have had to face up very quickly to many bankruptcy situations. Living standards would have dropped a lot because one of the consequences of devaluation is that imports become very expensive and since so much of what we consume here are imports, we would have seen a very sharp decline in living standards. That is what happened in Iceland. When the krona devalued in Iceland it helped recovery because Icelandic firms have become more competitive over time but the impact effect is a lot of financial distress and a big decline in consumption. I do not think there is one answer to the question of which is better - a very devastating shock crisis but quicker recovery or having a more stable, gradual approach, which is what we have had.

I thank Professor Lane. To summarise some of the points touched on in his opening statement, he seems to suggest that even in the context of the eurozone the authorities in Ireland could have done much to stem the rising boom via prudent fiscal policy, a credit policy through the Central Bank and the Irish Financial Services Regulatory Authority and the suggestion of a rainy day fund. Following on from our engagement with Mr. Regling this morning and Professor Lane's opening comments, what is Professor Lane's view of the relationship between the Central Bank and the regulatory authority and the banks during the lead up to the crisis period?

Professor Philip Lane

I do not have any direct knowledge of that relationship beyond reading the Honohan and Regling-Watson reports and so on. The issue here is that the role of the Central Bank is quite distinct from the individual banks in the sense that the Central Bank is there to be at arm's length so that it is not bound up with the banks and it has a good deal of knowledge.

It is not bound up with the banks. It has a lot of knowledge. The individual banks might be concerned with market share. They only see an incomplete picture of what is going on, whereas the regulator's office, in principle, should see everything because it has the books of all the banks. It can look at the aggregate data. It can take a systemic view. The regulator and the Central Bank really have the core responsibility here. Individual banks might decide to take certain risks. It is up to the regulator to say "Listen, you cannot all do this - if you all make the same lending decisions, if you all lend into property, if you all lend to the same guys, clearly there is going to be a collective problem". The solution to that is a regulator who is prepared to prioritise stability and to say "Listen, you may want to lend at that rate, but it is collectively too risky - we need to intervene".

I would like to ask a question before I call Senator D'Arcy. Professor Lane suggested in his paper that if Ireland had not joined the eurozone, the potential would still have existed for a credit boom to happen in Ireland. Maybe he can expand on that.

Professor Philip Lane

My first observation is that we saw pretty significant credit booms in other parts of Europe outside the euro area. Second, I tried to indicate when I spoke about interest rate policy that the global financial system can overwhelm individual economies, including those with their own currencies. The interest rate tool is a double-edged sword, whereas macroprudential domestic credit policies are much more direct. A simple refusal to allow the banks to lend too much can do a great deal to stabilise the local system.

I thank Professor Lane.

I welcome Professor Lane and thank him for coming. I would like to refer to the significant credit flows that came in, not immediately after we joined the euro but a couple of years afterwards. There was a slight slowdown or recession when the dotcom bubble burst. What were the significant factors underlying the major increase in the banks' balance sheets in the era that was mentioned by Professor Lane - late 2002, 2003, 2004 and 2005?

Professor Philip Lane

We have to look at why the banks wanted to raise so much funding and why the world was willing to lend to them. It is important to look at that from both sides. I will look at why they were willing to lend to Ireland from a global point of view. There was a fundamental lag in perceptions. Ireland had grown so much for the previous decade. The late 1990s were really spectacular here. A trader or analyst in a global bank might have argued that Ireland had a pretty good story to tell. It is understandable why it started. It is understandable that this happened in 2003 and 2004, when the global conditions were so liquid. I looked at this last week. At that time, Irish banks had historically not been major issuers of bonds, for example. An argument in favour of buying some of them could have been made by those who did not have much by way of bond exposure to the Irish banking system. I think there was an appetite in 2003 and 2004. It was felt that Ireland might be under-weighted in global investment portfolios. In all of these things, there is a reason it starts. I think the bigger issue is that over time, it grew too quickly and it went on for too long. I do not necessarily have a big issue with the fact that this thing started. The issue is that there was too much delay in recognising that it had gone too far and was going on for too long.

Would I be correct in saying Professor Lane's view is that the improvement in our weightless economy prior to 2002 was a genuine national increase of abilities and an increase in our GDP?

Professor Philip Lane

Sure. For example, one indicator is that throughout that period, Ireland ran current account surpluses pretty much most of the time. In net terms, we were lending to the world - we were not borrowing from the world. That changed around 2003 or 2004. The really rapid expansion in the late 1990s was sustainable in the sense that it was not being driven by borrowing from the rest of the world. That is an indicator. In the mid-2000s, we were growing but the liabilities to the rest of the world were also growing at the same time.

Professor Lane made the point in his initial piece that non-EU areas or non-eurozone jurisdictions also went through a property increase, in effect. I would like to ask about the ability of the Irish banks to raise additional funds. I am not just thinking about bonds. I am thinking specifically about bank properties that were sold to pension funds before being rented back. How would Professor Lane term that practice, which occurred during this era?

Professor Philip Lane

That was done by AIB. I am pretty sure it was pretty small in terms of its overall balance sheet. I can see how it would have made sense from an organisational point of view. That sounds okay to me if a bank wants to concentrate on lending, rather than managing its own properties. The sale of their buildings by the banks is probably a pretty small part of the overall story. It might also indicate their private view of whether the property market was overvalued. That might also come into it. Maybe they were selling because they took the view that if they were going to be lending to the Irish property market, they did not want to be holding an Irish property as an asset as well.

Does Professor Lane think that deep down, the banks knew the market had overheated?

Professor Philip Lane

I do not think it is a question of knowledge - it is a question of risk management.

Some 190 people or corporate entities had approximately €30 billion of loans on the commercial loan book. How would Professor Lane class that scale, involving such a small number of people or corporate entities, in terms of risk management?

Professor Philip Lane

This goes back again to the role of the regulator. Last week, Patrick Honohan mentioned the absence of a central credit register. When the committee gets to talk to individual bankers, maybe they will be able to say more. Maybe each individual bank was insufficiently clear about the total indebtedness of these individuals. These individuals might say to one bank "here is my situation". If they are simultaneously borrowing from many different banks, maybe the collective risk exposure is bigger than what was visible to each individual bank.

Governor Honohan attended and gave evidence last week. Part of his evidence related to his discussions with the former Minister for Finance, Brian Lenihan. He had hoped to get to the weekend following the bank guarantee if emergency liquidity assistance could have been made available. Why does Professor Lane think such assistance was not available at that stage? It would have allowed the authorities to buy a little time to get to the weekend. Rather than having to deal with the matter in a number of hours, they would have had a few days when the markets were closed.

Professor Philip Lane

I do not think I have anything to say that is different from what Patrick Honohan said. I suppose the way I would phrase it is that the euro was a very young monetary system. It had only been around for the good times between 1999 and 2007. The playbook was not there to show how a national banking system should respond when its banks get into trouble. This goes back to the issue of whether they might have been overly cautious. Perhaps they decided not to try emergency liquidity assistance because they thought it might not be appropriate. The alternative could have been to raise the issue, explore it, discuss it with the ECB and say "Listen, here is what we are thinking and here is the situation".

Rather than assume it was not feasible, for whatever reason, it is something I would have hoped could be explored more.

Remarkably, subsequent to that week in 2008, the amount of ELA went from a very small level to about €90 billion, and then there was an additional amount of tens of millions of euro from other EU funding. The relatively small amount of ELA in that period would have been a fraction of what subsequently went in. Can Professor Lane explain? I am baffled as to why a small amount was not considered to get to the weekend, when there would have been more time, and subsequently tens-----

Professor Philip Lane

We must remember that the regular liquidity facilities of the euro system were already being tapped. That was providing support. ELA was coming into play because the amount of collateral that could be put in with the euro system had run out. There was a need to do something of a more emergency or exceptional nature. I think this is a question that the committee will definitely have to raise with the relevant authorities when it gets to speak with them. From the outside, it is not clear why that was not pursued. I do not really have any good explanation.

In regard to the funding cliff that appeared subsequent to that when the guarantee was concluded, did that have an influence on the eventual State bailout?

Professor Philip Lane

This again goes back to the issue of the Central Bank and what one would expect a central bank to do in a multi-country monetary union. It is probably fair to say that the attitude of the euro system to Ireland had to be constrained by the issue of what this would mean for the behaviour of other countries in the system, whereas, if we had our own national central bank which only had our own national interests to think about, it would have been different. However, there are pros and cons to that. It must be remembered that because of the euro system, this was a massive net inflow to Ireland. If we just had our own national central bank, all we could do would be, essentially, to move funding from the Central Bank to the bank balance sheets. It would not be a way to draw net resources into Ireland. Because we are members of the euro system, however, there was a big net inflow into Ireland. As I tried to point out earlier, we were not the only beneficiaries of that, because the net inflow from the euro system allowed a net outflow of private investors, so that depositors and bondholders could escape. Who benefits from having lots of liquidity? Partly, there is a benefit here because we did not have to do the kinds of things that would have been necessary without that funding, but, partly, the benefit goes elsewhere.

In relation to the subsequent bailout and the deals prepared by the ECB, the IMF and the Commission, the rates and the terms and conditions were so penal that they were akin to the national penal laws. In Professor Lane's paper dated February 2011 he made the point that the UK and Denmark made funds available to non-EU countries at much lower rates. Why or how, in the period of solidarity, was this nation being charged an awful lot more than what other countries were establishing with bilateral rates?

Professor Philip Lane

I would have to return to that particular piece of paper, which I have not looked at recently, to recall that. It was fairly simple at the time. The logic was that this was essentially an IMF-plus bailout, so we would use the IMF funding rules, which were set to charge us a pretty stiff premium.

But the European Commission rates were higher than the IMF rates.

Professor Philip Lane

There are different ways of phrasing it. They were in the same ballpark as those of the IMF, which included a big risk premium - or not so much a risk premium as a penalty clause, under which, in order to make sure countries do not look for bailouts until they really have to, the financing has to be at a penal rate. That is a long-standing tradition. But what that did not allow for was that we were in it together. If we are all in the common euro area, that is not the right analogy. The IMF analogy of a global membership helping an individual member country did not suit Europe, and eventually it moved to say it would essentially be at the cost of firms, more or less.

As a matter of information, a December 2010 agreement between Iceland and the UK and Dutch Governments on the Icesave debt had an interest rate of 3.2%.

Professor Lane's paper, which he presented us with prior to this morning's meeting, seems to indicate that he was critical of NAMA. It states that in the absence of medium-term liquidity support, forced deleveraging over a short timescale can be self-defeating by driving down property values in a fire sale process. I am taking that as a comment on NAMA.

Professor Philip Lane

No. It goes back to ELA and euro system liquidity and so on. One view of liquidity is that where a bank has a one-week problem, liquidity has to be provided for a week, but when a central banking system has made many long-term property loans, essentially a liquidity crisis could last for years. If one tries to get the banks to sell off those loans quickly, there will be a big decline in asset prices and, therefore, it would be self-defeating, turning a big problem into a massive problem. When there is a property-based banking crisis, liquidity needs to be extended for years, which is what has happened, and NAMA has been part of that. NAMA has the NAMA bonds, has provided liquidity to the system and has been gradually selling its portfolio. Ireland has been able to make a case that liquidity support is a years-long issue, not a months-long issue. It must be remembered that in the bailout discussions in November 2010, some of the troika were essentially arguing for a pretty quick disposal of assets by the banks, and over the next few months the Irish authorities were able to convince them that this would be self-defeating. My point there was that dealing with the liquidity problem, as it turned out, was going to be a process that took years. Liquidity was needed for years and years. It was not something that would take just a few months.

I just want to explore this a little further-----

The Senator is out of time.

In his introduction, Professor Lane set the discussion and processes in the euro area within a global economic and monetary system. I would like to dwell a little on that. He said in the written statement with which we were furnished that it was vital to understand that there were several structural changes in the international economy and the international financial system from the mid-1990s, so the creation of a single currency could not be viewed as the sole or even the primary factor behind the extraordinary growth in national financial flows during the pre-crisis period. If I pushed Professor Lane to say what was the primary factor in the explosion of credit worldwide from the mid-1990s, could he outline one, or maybe two?

Professor Philip Lane

First of all it is a sort of ongoing research. Essentially if one thinks about the world economy and where it is now compared to 1995, what fraction of world GDP is coming out of emerging Asia is a great deal higher. Asia had its crisis in 1997-98 and one of the consequences of that was that Asia essentially decided to take a cautious approach that they would be a big net saver, they would grow quickly but they would spend less and the surpluses out of Asia were a major reason interest rates in the US went down quite a bit. The low interest rate environment in the US was the source of a lot of funding for Europe. The big narrative for me is the financial implications of the rise of emerging Asia.

Is Professor Lane not overstating the sovereign states in a sense that Oxfam said that in 2007, at the beginning of the crash, the 80 richest billionaires had $1.5 trillion in the markets at that time. No doubt Professor Lane is familiar with the work of Professor David Harvey, professor of anthropology at the City University of New York. Professor Lane echoes in his opening remarks the words of Professor Harvey who spoke about strange new markets that arose which pioneered with what became know as the shadow banking system, permitting investment in credit swaps, currency derivatives, even future markets, pollution rights and betting on the weather. He states that this massive global funding grew from virtually nothing in 1990 to $250 trillion in 2005, at a time when global output was only $45 trillion. To the year 2008, it grew to an astonishing figure of $600 trillion. Was it inevitable that with funds of that magnitude sloshing around the financial markets, extraordinary speculative developments would manifest themselves as these funds competed for profits?

Professor Philip Lane

That is definitely a big part of the mechanics of what went on. Let us remember that the reason that the frenetic innovation was taking place was that interest rates were so low that many investors in order for them to be able to offer a reasonable return had to do something different. The reason that interest rates were so low was that essentially one had a great deal of global saving being released out of Asia. The money coming out of Asia was concentrated on low risk products. They were not interested in taking global risk. The low risk end of the market became not very attractive for everybody else because there was so much demand for low risk products from Asia. All of these new types of products were being driven by a "search for yield". How in this environment can investment make a bit extra? The ideal is to find something that makes a bit extra but looks safe. This is the reason for securitisations - trying to come up with AAA, which was not safe.

With regard to billionaires, the first point is that there are different types of billionaires in the world. Some are probably contributing to the global savings glut. Remember that a great many billionaires are essentially aggressive risk takers. They also borrow a lot. They may be quite rich but they would be part of the risk-taking side.

I will return to Professor Lane's point on the "search for yield". In the 1970s by common consent we had a massive increase in petrodollars by sheiks and oil tycoons and that led to huge lending in the developing world which in turn led to an incredible debt crisis in Africa and Latin America, causing significant suffering of course for millions of people. Does Professor Lane see a similarity between that and what developed up to the crash in the mid-1990s?

Professor Philip Lane

That is a reasonable analogy. When one has a big shock in the world, whether it is the big increase in oil prices in the mid-1970s or the entry of China into the global economic system, that can give rise to large asymmetry. Some parts of the world want to be a net lender but where does that money end up? What is the role of the international financial system in funnelling that money to end users and from the point of view of the end user, just because somebody wants to throw a lot of money at one, is one wise to take it? One has to consider whether those contracts are fair. There was hope in the 2000s because so much of the funding was not sitting on bank balance sheets. In the 1980s various US banks were in trouble because they had lent so much money to Latin America, whereas by and large in the 2000s there was not so much bank lending as securitised bonds and so on. The hope was that the risk would be spread across many investors. Of course, in the end it did not turn out like that.

On page 2 of the written report furnished by Professor Lane which deals with the search for yield, he refers to synthetic higher risk assets that offered higher interest rates. He states, "Alternative investment products that offered the promise of higher returns also grew rapidly (hedge funds, private equity), with these entities taking on high debt loads in view of the low interest rate environment and the high risk tolerance on the part of investors." Was all of this developing into a situation where what might be seen as investment in staid entities, these funds were chasing higher yields by taking higher risks?

Professor Philip Lane

The reason that billionaires would now be investing in the hedge funds, would be that perhaps these smart guys could find returns that are not available from putting money in a regular deposit fund or regular investment vehicles. That is very much part of the same general dynamic when interest rates are so low that if one wants to make a bit extra what can one do? One can take on more risk explicitly and I think those hedge funds and private equity funds would say that they are good at working in risky environment. Even more damaging was where the risk was hidden, where mortgages got chopped up into safe and less safe components. When what looked safe was not safe, there was mispricing of risk.

I have one more question before I move on to the next point, whether what we have been talking about has a particular relevance to what happened in Ireland. Oxfam stated that the 80 richest people owned about 48% of world wealth in 2007, when the crash happened. Oxfam states that since 1990 income from labour has made up a declining share of gross domestic product across low, middle and high income countries. It states, "Around the world, ordinary workers are taking home an ever-dwindling slice of the pie, while those at the top take more and more." With that increasing share to profit, interest and rent and less for working people, does Professor Lane see that as a background to working people being forced to borrow more to buy the products that they could not afford from their ordinary wages and then on the other hand these funds that we have been talking about lending to them to try to boost their profits?

Professor Philip Lane

I think that is a really important part of what went on. That is one consequence of the decline in the labour share. One of the puzzles since the late 1990s is that profits have been relatively high but firms have not invested so much. Increasingly firms sit on a great deal of cash. Like the Asian sovereigns, the corporations typically do not want to take on investment risk. They put the cash on deposit or they buy short-term net products.

So it is another source of cash looking for safety and, in turn, driving down the risk-free rate and encouraging the search for yield. On the other side of that is the fact that labour incomes in many countries were stagnating. I am less familiar with studies that have been carried out in Europe. In the US, however, the high increase in household debt was, at least in part, being driven by the stagnation of wages. That definitely is a part of what went on.

The key question relates to Europe, the euro area and Ireland. Why were countless billions of euro and dollars cascading around the financial markets in this way and why were so many exotic products developed? Why was the money in question not invested in manufacturing, for example, particularly in view of the fact that 25 million people in the European Union were unemployed? Why were billions poured into property speculation in Ireland at a time when, by common consent, broadband infrastructure and water infrastructure were in desperate need of investment?

Professor Philip Lane

There is a global issue here. Investment rates, in terms of the real or productive economy, have been low in Asia and in the advanced economies. Some of the stories people tell essentially revolve around competition. With the rise of new competitors from the emerging world, it is not super-clear what is the right investment strategy for many corporations. In addition, many activities need less by way of investment because of IT developments. In the context of cloud computing, for example, the cost of establishing a new IT company is a lot less than used to be the case because it is possible to rent storage space in the cloud and so on. There are many different stories with regard to why investment rates have come down. I agree that the fact so much was invested in property reflects some kind of distortion in how the world economy works.

Would Professor Lane agree that the international financial markets as a phenomenon were simply becoming more parasitic? Against the background of the credit explosion, speculation and deregulation internationally, was it inevitable that the regulatory system was going to collapse? In an article which appeared in The New York Times in 2005, it was claimed that Ireland had become known as the wild west of European finance. Is Professor Lane of the view that there was truth to this claim?

I apologise to Professor Lane for cramming in my final question at this point but time is against me. A debt equating to 100% of gross domestic product has been placed around the necks of the Irish people. Ordinary citizens would like to know where the many billions of euro that were moving around during the property bubble ended up. We know that some of this money was paid out in the form of wages, etc. However, what happened to the massive amounts that were paid for land and the huge profits that were made? The Irish people are in an extremely indebted position as a result of political and economic decisions which were made, but which we are not allowed to discuss just now, and austerity policies that were put in place.

Professor Philip Lane

I would be more optimistic in that I do not believe there is anything inevitable about the policy framework. There was a regulatory choice. It is important to say that there are these kinds of global factors, but policies still make a great deal of difference. You can see that some countries around the world have mechanisms which did protect their banking systems. There is nothing inevitable about the regulator getting caught up in it. In the Irish case, it is very important to distinguish between the regulation of the local banking system versus the regulation of the IFSC. If you like, the regulation of the IFSC is also part of a global issue relating to international finance versus national systems. Essentially, there is a lot of global effort along the lines of: "How can I structure my global portfolio to avoid regulatory intrusion? I will set up a contract which runs through the Cayman Islands, which lands in Ireland for a bit, which goes on to Switzerland and so on". We know the world needs to deal with offshore finance and Ireland is part of the debate with regard to what is the role of offshore centres of different types in the global system.

On the last question of who are the net losers and winners from this, it would be an important project to generate a full answer. Part of it was waste. We do have a great deal of wasted capital in the context of all of the effort to build houses where no one wanted them and so on. Part of it is that the money just went down the drain in terms of waste. We pay for things which are useless. Let me go back to the issue of who was involved in 2007 and where are they now. Of course, the way the system was, a lot of these debt contracts were paid off. Essentially, we replaced the banking liabilities with sovereign liabilities through recapitalising Anglo and so on. The question, of course, is whether we could have managed an alternative way to resolve that or whether we could have managed to place more of the losses on foreign investors. This inquiry will address that matter with different layers of analysis in the coming months. I think that, yes, more could have been put onto foreign investors in different ways but it is equally not so clear that there is any easy answer. I hope this inquiry can reveal what were plausible alternative possibilities.

I wish to pursue two of the matters Deputy Higgins raised. The first relates to the growing sophistication, complication and diversification of the range of products available within the financial services sector. Did the availability of such products have an impact on the regulatory framework that was in place and increase the pressure on it?

Professor Philip Lane

Yes and no. The IFSC is involved with all sorts of sophisticated financial products but that is pretty much quite separate to the regulation of local banks. All the narratives would state that what when on with the local banks was plain vanilla and involved regular property lending. They were not getting into trouble because of-----

The second matter is securitisation, which Professor Lane mentioned in both his opening comments and in a couple of his engagements with members. Will he explain what constitutes securitisation and indicate how banks develop and sell securitised products? What was the rate in Ireland compared with the US in this regard? Was it lower or higher and what was the level of concentration in the area of commercial property? If there had been more or less of this, would it have had a positive or more negative impact on Ireland? Will Professor Lane first outline what securitisation involves?

Professor Philip Lane

Traditionally, banks would have gathered deposits and made loans. Those loans would be a source of income because they would receive the interest payments from the debtor. That is how a bank would earn income. However, an alternative strategy came to be developed as follows. Let us say I have 10,000 mortgages. I will write a contract which says that I will issue a bond where the pooled income from those mortgages will form the basis for making the interest payments on that bond. If you issue that bond, you no longer worry about those 10,000 mortgages because-----

Does the bank still own the mortgages when it issues the bond?

Professor Philip Lane

There are different layers in that regard. In most cases there is a residual element because you want the bank to remain interested in those loans.

However, if a lot of the risk is transferred to the bond investors, the bank can then release funding and look for new opportunities.

There was a certain amount of issuance of mortgage-backed securities by the Irish banks, but I do not think it was a massive part of what was going on. It was more the case that the global banks - the massive international banks - were moving away from direct lending to buying bonds. Sometimes the bonds were backed by US securities but, quite often, all they would need was a good rating. Irish banks were pretty highly rated so they could buy A-rated bonds, and they might have bought a B-rated bond at more risk. Essentially, the global banks were moving from making direct loans to being bond investors.

I thank Professor Lane. Given all the changes that occurred in the world, or global financial system, over the 1990s and into the 2000s, were bankers reckless, opportunistic or greedy, or was it just good business to take the chances that were taken?

Professor Philip Lane

The population of bankers probably includes extreme versions of greedy, reckless and all of that. From reading the three reports, the Nyberg, Honohan and Regling-Watson reports, one would see examples of where it seemed to make sense to the bankers. They bought the narrative that the world was safer than it used to be. There had not been too many recessions in the preceding decades. Where there was a recession, it was pretty brief. None lasted more than a few months. Even with the currency crisis of 1990 to 1993, recovery from it was reasonably rapid. An individual bankers might have misperceived the collective risk. This is why I am going back to the role of the regulator. Each individual bank might think what it is doing is acceptable but when they are all making the same decisions, one gets a systemic problem. If they are all lending into property and to the same guys and if they are all lending to particular models, then the collective system becomes too risky. The only entity that has the collective view is the regulator. Ultimately, if banks are reckless and so on, so be it, but essentially they can be constrained by regulatory intervention.

I suppose it is easy to buy into the narrative if one is actually making money out of it. In light of the existence of global banking corporations, and the fact that banks are bigger and do more than they used to do 100 years ago, is there now an imbalance of power between a central bank and the banking corporations, the centres of profit? Is that a serious problem for any country, particularly Ireland?

Professor Philip Lane

Globally, that is an issue. The global banks are big relative to any individual country. However, the banks here that caused the problem for us were the local banks. They were definitely under the control of the local system.

Do they effectively have more power than the Central Bank because they are profit centres and because of the way they operate? Perhaps "clout" is a better word than "power".

Professor Philip Lane

The Central Bank works indirectly in the sense that it works by controlling or restricting the behaviour of the individual banks. As individuals, we deal with the individual banks. In the end, the banks are regulated and know that if they do not have a licence from the Central Bank, they will not be able to raise-----

However, the regulation failed.

Professor Philip Lane

The regulation was not done.

The Senator made a statement. Is she asking a question?

In fairness, some of the evidence that others have stated-----

In fairness, the Senator cannot make a statement and ask a witness to agree with it. The Senator should ask a question.

Others have observed that regulation failed so I am saying-----

Professor Philip Lane

I would not phrase it like that. That would imply regulators did the best they could and yet it was not enough. The situation here is that regulation was not done to the degree necessary. They could have adopted alternatives, as we are seeing this week with the debate about low loan-to-value ratios and other restrictions. Of course, all of that would have been very difficult politically. Can you imagine in 2004 or 2005 a central bank coming in big-time to say, "This has gone on too long and has gone too far and we are really going to stamp this out"?

There is a suggestion there that the Central Bank could not act by itself and that there was a political inclination.

Professor Philip Lane

Again the Senator will have to ask the people involved. It was true, and is still true, that the Central Bank operates within a wider system. This is why it is independent. One gives it the independence and one delegates saying: "You are free to do that; it is under your authority." It did have that independence. I would say it is reasonable for the political system to delegate decisions to the regulator. In the end, it is with the regulator.

I remind committee members that it would be more to the purpose and beneficial to ask questions based on the paper and any information that Professor Lane has submitted to the committee today rather than moving into subjective areas on which he may or may not have an opinion. On a number of occasions, he has stated a question might be better answered by other witnesses coming before the committee. There was a paper presented to this committee and I encourage members to address that in their questioning.

Professor Lane says that at a microeconomic level the property boom could have been countered through reforms that reduced the tax incentives offered to developers and householders. He says that on page 6. Mr. Klaus Regling and Mr. Max Watson report that by 2005, according to the OECD, the cost of tax expenditure had become larger than the remaining income tax receipts. It appears to be extraordinary that the cost of tax expenditure was larger than the remaining income tax receipts. There is obviously a big imbalance. What was going on that had us arrive at a point where those reforms were such that the property boom was not being countered in the way Professor Lane suggests it could have happened?

Professor Philip Lane

Again, that is something I do not cover in great detail. It is a fact that there were many tax breaks and allowances. Again, it is not just at the level of the developer. The fact is that mortgage interest relief and other tax breaks existed. Perhaps a more generous interpretation is that some of the tax breaks might have made sense at a particular time, but the fact that they were prolonged and not eliminated must be borne in mind. Around the world, that is an issue. Historically, tax breaks, even when temporary, tend to get rolled over and are continued. Perhaps having a system with a much tougher approach to the renewal of tax breaks could have been part of what could have happened.

Can I finish by asking about offshore centres, to which Professor Lane referred? Clearly, financial products have changed over the years. I believe Professor Lane said they become more "innovative". Equally, offshore banking and that whole system has become more innovative. Is there any evidence that financial institutions themselves used those offshore centres to funnel their own profit away and, therefore, leave a worst-case scenario for the taxpayer to address?

Professor Philip Lane

I have not really looked at that. In the Irish case, I would not say so. Globally, there may be elements of that. An interesting point is that when Ireland unified the tax rate for corporations, the tax rate on banks came down as part of the overall reduction in tax rates for corporations. That element may also be part of the wider story here.

I welcome Professor Lane. Before and during the crisis, was he approached by anybody from the Government for his advice on what was taking place seeing as it was a major part of areas he has researched in his academic career?

Professor Philip Lane

Professor Honohan mentioned last week that he met Mr. Brian Lenihan.

I was in a meeting in June 2008 where there was a discussion on fiscal matters. I wrote a paper in 2007 and a couple of co-ed pieces, which said the economy was slowing down and we needed to have an adjustment to our fiscal strategy. I had another meeting with Brian Lenihan around that time and I also met him in mid-September 2008 to talk about the fiscal situation. In January 2009, Professor Honohan and I met him again. There was no agenda and the meetings involved very casual conversations.

In 2010 I wrote a report for an Oireachtas committee on the fiscal framework, how to set up a fiscal council and fiscal rules. In that structured way I was involved in that element, but apart from that the answer is "No".

Did Professor Lane feel that in any of those casual meetings with no agenda anything he said was reflected in decisions which were subsequently made?

Professor Philip Lane

They were-----

Be mindful of where we are going, Deputy.

Professor Philip Lane

No, they were at the super-casual end of the scale.

That is fair enough. Senator O'Keeffe and Deputy Higgins posed the question earlier of why such investment was directed towards property when he was talking about the amount of money invested in the country. In his answer to Senator O'Keeffe, Professor Lane touched on tax incentives in the property sector. At what stage does he believe those incentives ceased to have a positive impact? Were they ever required, in terms of boosting activity in property development?

Professor Philip Lane

They definitely did have a role to play, descriptively. I do not know whether they had a dominant role to play. At a micro level, there is the question of why the property boom was more intense in some regions and districts than others. In other words, in terms of the geography of where investment took place, the incentives, I am sure, had a bigger effect in terms of the overall picture. From the reports written, we know property booms have happened time and again. It is a classic boom-and-bust cycle that can take place. There is no great mystery about the dynamics of property booms. Professor Honohan used the phrase, "A plain vanilla boom-bust cycle", and that is what we had. To return to tax incentives, my guess is that they probably had more effect in terms of what particular locations were affected rather than the overall scale.

In regard to the wider profession of economics, there were some voices which expressed, perhaps late in the day, criticism of fiscal policy. The term "groupthink" is often used regarding politicians, the media, bankers, property developers, and what went on in Ireland in the lead-up to the banking crisis. Was Professor Lane's profession part of the groupthink that went on?

Professor Philip Lane

Yes, there were various levels of that. Globally, there was insufficient weight put on the downside risks of financial innovation. The benefits were overstated and the costs understated. The Deputy mentioned fiscal policy, but there are more general issues such as the credit boom, the housing boom and so on. I would have said there is probably a fairly generic consensus that fiscal policy was too loose. Going back to the mid 1990s, people would have said that if a country was going into a monetary union, fiscal policy would need to be a lot more prudent.

I have a lot of sympathy for the political system. Once one goes into surplus, going from a small surplus to 5% or 6% will be very difficult to do. That is why having institutional reforms, such as a rainy day fund, might have helped. Insufficient attention was paid to the rise of stamp duty and capital gains tax.

On the wider issue of the credit boom, the house price boom and so on, individuals such as Professor Morgan Kelly, David McWilliams, Alan Ahearne and various people in the media who contributed-----

Some of those voices were very late in the day.

Professor Philip Lane

This is a big issue. It comes back to the regulator. The data we see as academics come with a lag. The unfortunate thing about the crisis was that the boom was relatively short. My broad narrative is that in 2002 and 2003, the start of it could have been tolerated. In 2004, things were maybe still okay. The question is when in 2005, which is the key year, does one call stop? There is a mix. People started talking about this in 2006. Even if the credit boom was towards its peak, there was a lot of time in 2006 and 2007 to say we were in trouble and to ask how we could get out of it at the least cost.

I want to begin by referring briefly to the point Professor Lane made in response to the Chair regarding mortgage securitisation. He mentioned it was not a major part of what went on. I want him to elaborate on that, with particular attention to the Central Bank's bulletin in July 2011, when it indicated that at the end of 2007, 12% of mortgages were securitised and were off balance sheet, and this accounted for €17 billion in loans which had moved off the balance sheets of the larger credit institutions. Time and again in the documents presented to us by Professor Lane, the point is emphasised that it was obvious there was a slowdown in the property market and issues in terms of bank funding. What was the reason behind the fact we had 12% of our mortgage book off balance sheet? What role would that have played?

Professor Philip Lane

That sounds about right. It is important, but not massive in terms of the overall balance sheet. In terms of the bond market and the way the banks were issuing bonds in the mid 2000s, they were doing all sorts of things. There were dollar, sterling, senior and subordinated bonds. This may go beyond the scope of what members can do in this inquiry, given the amount of time they have.

The treasurers of the banks, in terms of the mechanics in a given period, may have chosen to do a mortgage-backed security issuance or a straightforward unsecured bond. They, in turn, would have been interacting with the global banks who would have been the advisers and would have outlined the cheapest ways to raise funding in a month or year. Others can answer questions better than I can on that level of mechanical detail on how banks design and raise funding. Broadly speaking, one category in which people were interested was asset-backed securities. There are many different elements to how banks raise funding. Did the Deputy's information refer to the covered banks or did it also include what went on with Ulster Bank and so on?

The report referred to up to 12% at the end of 2007, at which time just under €17 billion worth of loans had moved off the balance sheets of the larger credit institutions.

The key is that they moved off the balance sheets. It is not a case of mortgage securitisation because some of them remained on the balance sheet.

Professor Philip Lane

Right.

These were off the balance sheets. That is fine. I am mindful that I am limited in terms of time. In the opening statement Professor Lane presented to the inquiry he stated: "it is possible that the lack of precedents and the untested nature of the ELA framework ... may have deterred the Central Bank ... from deploying ELA to buy some time in managing the severe liquidity squeeze on Anglo Irish Bank". Is that his assumption and opinion or is this based on any conversations he had with anybody who may be involved?

Professor Philip Lane

This is me looking at the fact that they did not do it. There may be a couple of lines in the Honohan report to this effect as well, that they were reluctant to pursue it. As someone said earlier, the fact that emergency liquidity assistance was used big-time later on reveals that if one makes the case for it, it can happen. I do not know the individuals involved. In the euro system, the ECB is the central bank for all member countries. We could ask if our national Central Bank had been able to step in at that time, what would we have done? If there had been a funding problem at home, the national Central Bank would have stepped in and provided substantial liquidity to the local banks, but a national central bank cannot provide foreign currency liquidity. To the extent that these were funding from overseas, there would have been a problem.

I asked that question because Professor Lane offered his opinion at that time, but at exactly that point central banks were providing liquidity to other financial institutions that were in danger in other member states. In this regard I reference Fortis Bank, which was rescued by three European member states, France, Belgium and the Netherlands. On 26 September 2008, Fortis Bank was offered €5.4 billion in a marginal lending facility which had to be approved by the ECB governing council. On the morning of 29 September, the ELA was formally sanctioned for that bank and by 3 October, a number of days later, it rose to €51 billion. The reason I ask about this, and it was mentioned by Professor Lane and others, is that this was not unique. In terms of the ELA, it was not only provided by Belgium, it was provided by-----

Professor Philip Lane

The Netherlands.

-----the Dutch Central Bank at exactly the same time.

Professor Philip Lane

That is a good counter-example and a good question to raise with the people involved in that decision.

I may be straying into other areas that Professor Lane may not want to answer, but given that this was happening and the Governor of the Central Bank was a board member on the governing council of the ECB, would it be understandable that he would be familiar with what was happening in Fortis Bank at that time?

Professor Philip Lane

In respect of the example the Deputy gave of the ELA being provided on 26 September and, as he said, being improved pretty quickly if it was approved on the 29th, that would be an interesting question to ask the Governor of the time.

Okay. Thank you.

To cap off on a point Deputy Doherty raised with Professor Lane, if we look at ELA as a defibrillator or a life support machine, in his opening statement Professor Lane stated that it is possible there was a lack of precedent or the untested nature of the ELA framework and that was one of the reasons. Was it the case that they had the equipment but never read the instruction book and they then never actually engaged the machine?

Professor Philip Lane

I doubt they did not understand what the rule book was. I am pretty sure they did, but there is the issue of under what circumstances ELA is appropriate. The traditional view of ELA was that it was something extremely temporary and also one had to be assured of solvency. One had to be assured that the bank was solvent.

That brings me on to my next question. ELA is only available on the basis that the bank is in need of liquidity. If the bank is insolvent, it is prohibited from getting ELA. That is correct, is it not?

Professor Philip Lane

Yes.

Therefore, in Professor Lane's view, should the ECB have approved such enormous loans to banks such as Anglo Irish Bank and the Irish Nationwide Building Society during the period 2008 and 2010?

Professor Philip Lane

This was essentially on the understanding that the Irish Government was going to stand behind those banks.

Does Professor Lane think that the ECB should have approved such loans?

Professor Philip Lane

I have not thought enough about that direct question to give any kind of interesting answer.

I will give Professor Lane a few moments if he needs to think about it.

Professor Philip Lane

The Chairman is asking about Anglo and Irish Nationwide.

Yes. Basically, in Professor Lane's view, should the ECB have approved such enormous loans to banks such as Anglo Irish Bank and the Irish Nationwide Building Society during the period 2008 and 2010?

Professor Philip Lane

If the Irish Government was standing behind them - tracing this out and noting the counter-factors - and if the ECB said that it did not think our sovereign could withstand it and it did not want to make ELA available to these banks because the essential guarantor of solvency, which is the Irish sovereign, would be compromised by that - there is the matter of whether that was for the ECB to decide - we should remember that in 2008 the Irish Government still had relatively little debt. If we think about the evolution of sovereigns spread in 2009 and so on, it is only in 2010 that the sovereign bank loop got much more intense. Going back to 2008 and 2009, it was probably not the ECB's call. The ECB has a veto but the-----

The ECB was signing the cheques. I am sorry to press Professor Lane on this but he seems to be struggling with the answer.

Professor Philip Lane

If the Irish Government was standing behind those banks, essentially that in the end was a matter for the Irish-----

The Irish Government was standing behind it, but the ECB was signing the cheques.

Professor Philip Lane

On the basis of a guarantee-----

The issue is regarding the ECB's behaviour, not the Irish Government's behaviour. Was the ECB right to fund those banks during 2008 to 2010?

Professor Philip Lane

On the basis that they were being guaranteed by the Irish Government, yes.

Okay. Was that on the basis that they needed liquidity or on the basis that they were solvent?

Professor Philip Lane

On the basis they were solvent because solvency was guaranteed by the Irish State.

Thank you. I call Deputy Kieran O'Donnell.

To take up that point that was just made, in the context of the type of guarantee that was put in place, which was a two-year guarantee that brought about a funding cliff for the banks two years afterwards in September 2010, Professor Lane said that the Government ensured solvency. I would not agree with that statement because the fact is that the banks themselves are either solvent or insolvent. That is not determined by the Irish Government standing behind them. That is determined by the balance sheets of the banks. Was there a duty of care on the part of the ECB to ensure that if it was extending ELA funding through the Irish Central Bank, Anglo Irish Bank and the Irish Nationwide Building Society, in particular, were solvent at the time?

Professor Philip Lane

The solvency of those banks was entirely because the Irish Government was prepared to recapitalise them and provide that support. Therefore, in the absence of the public recapitalisation-----

With due respect, Professor Lane, we clearly now know-----

I would advise the Deputy not to make his own judgment.

I would advise the Deputy to put a question.

With hindsight, is it a fair comment to make that at the time of the guarantee being put in place, both Anglo Irish Bank and the Irish Nationwide Building Society were insolvent?

Professor Philip Lane

In September 2008, some numbers seemed to be floating about as to them possibly being insolvent. Relative to GDP, the scale of insolvency at that point was maybe within what the Irish Government felt it could handle in a worst-case scenario, but of course those estimates were way off once the property prices and GDP cratered in the rest of 2008 and throughout 2009. Solvency calculations in September 2008 were going to be very different from solvency calculations in September 2009, for example.

The point I am making is that one of Professor Lane's areas of expertise is in European monetary union policy. Is it a fact that the ECB was sending funding directly to the banks? It was not extending funding to the Irish Government, but to the banks. Was there not a duty of care on the ECB? As Professor Lane is probably well aware, ELA funding cannot be extended if the banks are insolvent.

Professor Philip Lane

To me, this sounds a little bit semantic in the sense that the solvency owed to the Irish Government recapitalising these banks. The ELA was going through the national Central Bank. The ECB in Frankfurt, now with the single supervisor mechanism, has direct oversight of bank regulation. At that time-----

I will just come in on Deputy O'Donnell's question. Was it the view of the ECB between 2008 and 2010, based on the information that was presented to it, that these banks were solvent?

Professor Philip Lane

If the Chairman could somehow communicate that question to the ECB and get an answer from it, that would of course be the way to-----

Professor Lane has an understanding of EU monetary policy. He would be of the view that, to get the money, the banks had to be solvent.

Professor Philip Lane

Sure, but from a solvency point of view, the fact that they were being recapitalised and also had the guarantee of liabilities from the Irish Government was sufficient.

Regardless of whether there was a guarantee or whether the guarantee was two blanket guarantees, the banks had to be solvent to qualify for ELA.

Professor Philip Lane

Right, but one source of solvency was State recapitalisation.

Professor Lane's area of expertise is European monetary policy.

Professor Philip Lane

Right.

So, if the ECB was extending ELA funding-----

Professor Philip Lane

Again, the national Central Bank extends the ELA with the supervision-----

It extends that funding under the umbrella of the European Central Bank.

Professor Philip Lane

Sure.

In Professor Lane's opinion as an expert in this area, if we were applying standards to the Irish Central Bank in terms of regulation of the banks, would the ECB under its governance rules have been required to do due diligence and check that the banks were solvent before, in effect, agreeing to ELA funding being put into them?

We will move on after this because Professor Lane has answered many questions.

Professor Philip Lane

My sense is that there would be a level of due diligence, but if the answer is that these banks are only solvent because the Irish sovereign is choosing to recapitalise them, that is sufficient for the ECB.

I have just one final question.

That is okay if the Deputy moves to another area.

Let us go back. As a committee, it is obviously of interest that Brian Lenihan is no longer with us. Professor Lane was party to discussions with Brian Lenihan and the current Governor, Professor Honohan, in the summer and December of 2008. Am I correct in that?

Professor Philip Lane

I do not recall December 2008. I know that in January 2009, Professor Honohan and I had a joint meeting. He stated last week that he had a meeting with Brian Lenihan in December 2008, but I was not at that meeting.

Going back to Professor Lane's June 2008 meeting-----

Could the Deputy move back towards what we are talking about, please?

I will be brief. At that meeting, what was the subject of discussion?

Professor Philip Lane

I will try to recall.

Who looked for the meeting?

Professor Philip Lane

At the time, it was not so consequential.

Did the former Minister look for the meeting with Professors Lane and Honohan-----

Professor Philip Lane

Yes.

-----or did they look for it? He looked for the meeting with them.

Professor Philip Lane

Right. It was in the context of him being new in the job and trying to read into the brief and that, around that time, I had written an op-ed about the slowdown and what were the fiscal issues to do with it. Partly, if we think that there is a new phase and that property revenues are going away, we need to adjust spending levels and come up with other sources of revenue. Partly, there was the difficult issue of not doing the fiscal crunch too quickly, because that could be-----

Was banking discussed at all?

I am sorry, but the Deputy is out of time. I call Senator Barrett. I encourage members again to return to Professor Lane's paper and to focus upon many of the issues that we have discussed here to inform the committee with the specific purpose of Professor Lane being before the inquiry this morning.

I welcome Professor Lane, a long-standing colleague of mine. The italicised part of his paper on page 8 reads: "The capacity of the euro area to respond to such a financial crisis is as yet untested." He warned of that in 2006. Is that not right?

Professor Philip Lane

Right.

He was one of the people who saw this happening. As he knows, people like Professor Barry Eichengreen saw the euro as being designed for France, Germany and some northern European countries. He actually said that he was quite surprised that "Ireland, Spain, and other countries at the periphery of the European Union were among the founding members of the euro area". In the scenario that Professor Lane draws, his final remark at the end of page 12 reads: "A central bank that is not bound by a fixed exchange rate commitment can forestall such unnecessary crises by acting as a 'lender of last resort'." Was it a problem in September 2008 that there were design faults in the euro, that we had not really thought out the consequences of membership and that, reverting to Deputy O'Donnell's question on ELA, we were totally unprepared because we had not worked out the implications, as Professor Lane warned in 2006 and other economists warned when we joined the euro?

Professor Philip Lane

There is a two-level answer there. One is, if we had our own national Central Bank, that could have made it easier to deal with local funding because the Irish Central Bank could have printed as many Irish pounds as it had wanted, but it could not print dollars, sterling or whatever. If we had the same kind of credit boom that included a lot of foreign funding, that foreign funding would have been in foreign currency. In the same way that Iceland could not stabilise its banks in terms of its foreign funding and in the same way as in emerging market crises, when one has foreign currency debt, the fact that one has a local central bank does not get one that far. There is a mix. The general issue is "Yes".

Also in my report, I pointed out that, in the 1990s, we had the Scandinavian banking crisis, we had the east Asian crisis, we had the Mexican crisis and we had the Russian crisis. Going into the euro, there had been all sorts of financial crisis in recent history, in part reflecting the fear that, with more and more cross-border finance, maybe more accidents would happen. There is a history of the euro by Professor Harold James, about the committee meetings in the 1980s and 1990s up to the point of the euro. The fact that those committee meetings decided not to deal with having a common crisis mechanism was a euro system design flaw. The fact that the euro system did not have a crisis mechanism meant that, from word go, the responsibility was at home. If there was not a European crisis mechanism, we needed a national level crisis mechanism, a rainy day fund and so on. There was also a question of under what conditions we could use ELA. That is a question to engage on with the regulator.

As we plot the future, have we something to learn from Canada, for example?

Professor Philip Lane

Canada is obviously a much larger economy. It is the case that it had a tougher level of regulation. The fact that one can find plenty of examples where there was no banking crisis says that it was not just down to global factors. It was, in that sense, avoidable. That is absolutely true. Learning about good ways to regulate and what risks not to take is definitely a good idea.

Some commentators seem to think that Europe will still not meet the Basel III standards whereas Canada, Australia and Singapore will. Would that concern Professor Lane, that we might do all of this all over again?

Professor Philip Lane

Generally speaking, there is an ongoing issue about the best way to regulate banks and what is the appropriate level of bank capital. One might say all these fancy regulations are secondary to, first, making sure the banks have enough capital and, second, making sure they do not borrow too much. Simple rules can go a long way.

I want to examine the idea of the rainy day fund which you, Professor Lane, have mentioned a few times this morning. Your point is essentially that because we moved from a taxation base that was pro-cyclical – I think Mr. Regling’s report refers to going from 12% to 30% - that money should have been ring-fenced for a rainy day fund, for future difficulties.

Professor Philip Lane

Yes.

We were running budget surpluses at the time but you also make the point that they were not big enough. In one of your papers you stated that underneath it all there was a structural deficit. Mr. Regling said this morning that we are still not good at working out that structural imbalance under the economy.

Professor Philip Lane

There are different levels. There is one which is abstract but core to the fiscal compact, that is a question of whether GDP is at potential. For most of what is called a structural balance it is a question of where in the GDP cycle we are. There is also the concept of the financial cycle, when credit is growing quickly and construction activity is very high. That is so visible and obvious in the Irish data it is not a small issue of whether Ireland can grow at 3% or 4%. When capital gains tax, stamp duty and so on grow at such a rapid rate under no circumstances could one say those revenues will be there every year forever. If they will not be there every year forever one could say these are windfall revenues. One saves a windfall for the rainy day, one does not ramp up current spending or make tax cuts to get rid of it. In the scale of the revenue boom we had at that time it would have been possible to come up with fairly simple decision criteria that would have allocated a fair chunk of revenue to a rainy day fund.

So our true structural imbalance is something we can see only after the fact.

Professor Philip Lane

That is true but even in that situation the fact that the true balance is known only after the fact means that, first, one proceeds on a prudential basis and, second, as time moves on one can release funding from the rainy day fund if one is too pessimistic or can have some mechanism to replenish it if one is too optimistic. There are ways to get around that.

When talking about a rainy day fund, what place does the National Pension Reserve Fund, NPRF, have?

Professor Philip Lane

That is interesting because there was an element of that in setting up the NPRF but the logic of that was more long term. It was to deal with the increase in pension commitments that we will face after 2025. In line with that long-term goal, the portfolio was extremely equity focused. It was not liquid and we had to sell so much of these equities at the bottom of the market. The fact that our crisis happened at the same time as the global financial crisis meant we had to liquidate a lot of the assets in the fund to recapitalise the banks. If we look back at what happened to those equity shares since then it was very badly timed.

We pursued the wrong investment strategy with the NPRF.

Professor Philip Lane

Not if it is a national pension reserve fund.

From the point of view of this crisis we did.

Professor Philip Lane

What should have happened was that, while on its own terms the NPRF was a good idea, one could have set up a second fund. A lot of countries such as Chile have several stabilisation funds to cope with the long term, the cycle and so on. One can have a long-term fund to deal with these long-term aging issues and a cyclical fund to deal with the rainy day.

Was it a mistake to divest the NPRF when we did and invest that in the banks, regardless of where the money went in the banks? Was the timing of the divestment a mistake?

Professor Philip Lane

When your back is to the wall financially you are going to gather funding where you can. The fact of that funding being available was important to limit the amount we needed to borrow from the rest of the world. In accounting for the crisis it is important to keep in mind that its impact is not just the increase in debt but the fact that we had to run down that fund. That should be definitely included in the overall financial cost. The rainy day fund would have existed on top of that.

With entry to the EMU by Ireland do you, Professor Lane, think the Central Bank here went on autopilot?

Professor Philip Lane

No. First, my understanding is that national central banks had a lot of responsibility in the euro area. There are lots of committees so the Irish Central Bank staff had many more duties at a euro area level because there would have been all sorts of committees where each member country would have been sending staff. The level of activity probably went up. It is true to say that it is more orientated towards euro area policies and not so much the local issue.

Professor Philip Lane

In the mid-2000s, when the scale of the boom was becoming obvious I do not know because I have not looked at what they were up to in detail, but I am guessing they were definitely paying attention and they did have financial stability reports and so on. The issue was the reluctance to make big decisions. Their analysis might have shown that risks were going up in the mid-2000s but they were too slow and too reluctant. They made some decisions. There was an increase in the capital charge on high loan to value mortgages and so on but it was not sufficient. I do not think it was an analytical issue of not understanding what was going on, it was basically a question of whether they were prepared to pull the trigger to cool it down.

So the Central Bank was not on auto pilot-----

I have to ask the Senator to be more measured in his language. “Auto pilot” presumes a judgment on his part. If the question is have the powers increased, lessened or diminished or whatever that is fair enough. I reckon that is what he is implying.

It is not a case of what the Chairman reckons I am implying.

Can the Senator clarify his question?

Is the Senator making the judgment that the Central Bank was on auto pilot?

I asked the question of the witness. I am going to clarify it now. Professor Lane, you are saying it was not on auto pilot but certainly the focus for the Central Bank, which was busier because of the all the new committees in which it had to participate, was on serving the ECB mission rather than on the national one. Would it be fair to say that?

Professor Philip Lane

I would say that is a big part of it but if you look at financial stability reports from the mid-2000s, they were diagnosing that risks were accumulating here. The issue is moving from diagnosis towards action so the big issue is why they did not decide to be more interventionist to manage those risks by restricting credit growth through various mechanisms.

Does the structure of the responsibility, and to use a phrase I used earlier with other witnesses, the fiduciary duties of the members of the governing council of the ECB, where the governors of the central banks had to be committed to the overall mission of the ECB, compromise the role of governors of central banks in their responsibilities to their mother central bank, nation or people?

Professor Philip Lane

Professor Honohan talked about this last week. I do not think I have a different view to his.

I was not aware he gave a clear answer.

Professor Philip Lane

Let me give my version of what I thought I heard and my understanding of the role of the governor.

When they make a QE decision tomorrow, maybe, or when they make an interest rate decision, they essentially focus on the euro aggregate. They do not talk about how the interest rate will affect Ireland or they do not talk about how the interest rate will affect France because they are there to set the policy for the euro area.

When it comes to financial stability issues, when essentially one has national financial systems, then the Governor would have the role of explaining to the euro council - the governing council - "Here's what's going on." The Governor is appointed by the Irish Government. So I would be fairly sure they would, within the rules of the euro system, advocate as far as possible what is in the national interest of Ireland, subject to the rules of the euro system.

On the question of lobbying, should the rules of the euro system be different? That is more indirect through the political systems of Europe about what the mandate of the ECB should be.

I will continue to ask that question of others. The previous witness used the word "incomplete". Professor Lane referred to the youth of the EMU and that, in his words, it had known only good times. In many ways the Irish people were the guinea pigs as the bigger European players minimised their losses while trying to come up the curve in the context of the international financial crisis.

Professor Philip Lane

Yes. I think even on Monday at the conference here in Dublin Benoît Cœuré spoke about it; essentially attitudes have evolved over time. The diagnosis of the financial crisis has evolved over time. In the report I stated that essentially financial stability is really a common responsibility. To the extent of the common responsibility, it is deeply unfortunate that essentially so much happened at a national level. The fact that the guarantee was issued at a national level without, it looks like, too much negotiation in advance with the rest of Europe-----

We do not know that.

Professor Philip Lane

That is my understanding; I have not heard anything different from that. When it comes to the unguaranteed bonds in 2010, it seems clear that if the euro system decides they do not want bondholders to be burnt, then that should be paid for at a European level; it should not fall on an individual country to protect the financial stability of Europe. However, essentially the mechanisms were not in place at that time to deliver on that.

I ask the Senator to be brief as we are out of time.

With the vision that is outlined now by the Commission in terms of the capital markets union and the level of integration that is mooted in that regard, will that serve Ireland well or will it expose us more as a small nation within the eurozone?

Professor Philip Lane

I think the phrasing of capital markets union will be important. Essentially too much capital flows through banks which therefore puts depositors at risk and therefore puts governments at risk in order to protect depositors, whereas if one has much more funding going through capital markets essentially it is much more transparent about who bears the risk. It protects, basically, regular savers, who deal with regular banks, from risk. I think it is a positive for Ireland. If there is an alternative for banks, there is more by way of bond markets and more by way of equity funding - all of those things which have been traditionally limited are possible at a European scale with commitment to make that happen. I think that is important for the future of Europe.

Part of the tragedy of what has happened is Europe was too dependent on banks and therefore there has been basically so much effort to save the banks and that has been so expensive.

I welcome Professor Lane who is the last speaker. I have a few questions on the role of the euro and monetary union which he addressed in some detail in his paper. In the round considering the factors that led to the crisis and then the management of the crisis within the confines of monetary union, would Ireland have been better or worse to have been out of the euro?

Professor Philip Lane

I do not think there is a single answer on that. The way I phrased it in the report - I think in the opening statement - is outside the euro the crisis would have been different. One would have had, I think, a deeper crisis initially because the currency would have collapsed in value. There would have been very large increases in interest rates because to protect the currency interest rates would have gone up. What would have been the consequences? One would have had a lot of bankruptcies just as, say, in Iceland one saw the banks going bankrupt. So in part there is a benefit to that because the foreign creditors would have taken a hit. So some of the losses would have been transferred outward.

On the other hand there would have been a lot of financial distress here. With devaluation there is a big distributional effect because with import prices going up, consumers would have taken a big hit initially. On the other hand with the weaker currency maybe after two or three years, recovery would have kicked in more quickly. So one has a very unstable short term, but maybe a faster recovery. On the weighting of stability versus other factors, people will have different opinions. It is an interesting-----

Is Professor Lane an advocate of Ireland's membership of the euro?

Professor Philip Lane

I wrote earlier in my career - it is included in the material I sent the committee - a couple of pieces in 1997-98 where I essentially point out the risk factors. My view is that the risk factors could have been managed through a financial regulator that is more proactive and through a fiscal policy that basically put more aside for the rainy day.

On the euro for Europe, can the Deputy imagine the history of Europe for the past 15 years with 19 more currencies or 18 more currencies - whatever the number is today? During the 1992-93 currency crisis we all had individual currencies. There was a reason the euro was created in the sense that there were a lot of inefficiencies and problems with having a set of independent currencies. So I suppose my view is the euro could have worked and can be made to work so long as the rest of the policy set-up is in line with that.

Does Professor Lane think Ireland is better in than out?

Professor Philip Lane

So long as the euro exists, yes, definitely.

On page 6 of his paper, Professor Lane makes criticism of fiscal policy in stating that during the good years the budget surplus should have been bigger and put into what he called a fiscal reserve fund. Have we matured as a country and dealt with the apparent conflict between fiscal prudence and winning elections? What is his view on the journey through which we have come and how we now regard fiscal management? Have we taken the right steps or is there still a risk on that front?

Professor Philip Lane

We now have at national and European level a framework with the fiscal rules and the independent fiscal council that is intended to make life easier. Let us imagine we are back in a boom situation and revenues are high, essentially the purpose of the fiscal rules and the fiscal council is to increase the political cost of excessive generosity. So now, if one likes, it is a restraint. I think those restraints are not fool proof.

If a government really wants to ignore the fiscal council and ignore the fiscal rules, it probably can get away with that for quite a bit. It depends on the political system buying into that rules-based framework. That is for the members, as politicians, to work out. It is that kind of framework where they are constrained in what they can do. It is important to say that across the world there is an understanding that essentially this does not end the political debate because one can have a high-spending government yet still running surpluses if it is prepared to raise taxation.

It is not about how much a country should spend or how much it should tax. It is saying that if it spends a lot over a cycle, it needs to raise enough revenue to match that.

I have a final question. Professor Lane spoke earlier about the issue of a central credit register and the fact that one was lacking. First, if we had had a central credit register what role could it have played in terms of improving the bank's ability to make proper lending decisions and also protecting borrowers in cases during the period when losses were being built up in the system? Second, does it surprise Professor Lane that six years out from the epicentre of the crisis we still do not have a central credit register?

Professor Philip Lane

My view on this comes out of the Honohan report. It does seem as if individual banks had incomplete information. At least some of the decisions they were making were on the basis of not having the full picture of the debts of individual borrowers, and we have seen that in some cases. It is important that the credit register is in place before the credit situation normalises. When there was very little lending for the past six years perhaps it was not the first order of business but as the banking system normalises, having that in place will be important.

To conclude, at the start of his engagement this morning Professor Lane listed a number of policy instruments within the power of the State, whether with the Central Bank, Government or whomever, that could have lessened the exposure that was happening in Ireland. Could he rank for us in order some of those policy instruments that would have actually reduced the risk?

Professor Philip Lane

First and foremost is tougher regulation, which would have slowed down the credit boom. The second is fiscal policy. It is important that there were surpluses, and it is important to state that public debt did come down but the fiscal mindset was not sufficiently altered by Economic and Monetary Union, EMU, membership. If we had been running a fiscal surplus of 5% or 6% in the mid-2000s, that would have enabled us to absorb the hit of the crisis much easier.

The other element is in terms of crisis management. A more narrow guarantee and an earlier shutting down of Anglo Irish Bank would have helped to narrow the losses. On that I do not have anything different to say from what Professor Patrick Honohan said.

I thank Professor Lane for his participation today. It has been an informative and valuable meeting which has added to our understanding of the factors involved in the banking crisis in Ireland. I will now bring the meeting to a conclusion. The witness is excused. The committee is adjourned until 9.30 a.m. tomorrow.

The joint committee adjourned at 1.55 p.m. until 9.30 a.m. on Wednesday, 28 January 2015.
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