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JOINT COMMITTEE ON FINANCE AND THE PUBLIC SERVICE debate -
Thursday, 17 Jun 2004

Irish Bank Officials Association: Presentation.

The next item on our agenda is a presentation by representatives of the Irish Bank Officials Association on issues arising from recent events at AIB. I apologise to them for the delay, which arose from the need to address a large number of items of correspondence. Due to the elections and referendum the committee did not sit last week and we need to catch up on much business today. We are joined by Mr. Larry Broderick, general secretary, Mr. Marty Whelan, communications manager, Ciaran Mahon, Bank of Ireland officer, Jessie Doherty, AIB officer, Tommy Kennedy, Ulster Bank officer and Colman Moore, an executive member from National Irish Bank. On behalf of the committee I welcome them all and thank them for attending. The presentation, which was supplied in advance, has been circulated to members of the committee.

The committee is conscious of the concerns of the IBOA regarding the protection of legitimate interests of its members in the context of the recent revelations of events at AIB. We appreciate the stake bank staff have in the health and integrity of the banking system, particularly given its importance for the security of their jobs and also for the pride they are entitled to have in the institutions in which they have built their careers. The culture and organisational practices at individual banks are of paramount importance to consumer confidence and staff commitment, and therefore to the health and integrity of the system.

Before discussion begins, I wish to advise that while the comments of members of the committee are protected by parliamentary privilege the comments of witnesses are not so protected. I remind the committee that Members should not comment on, criticise or make charges against a person outside the Houses. We will commence with a presentation by the IBOA followed by an open discussion with members of the committee.

Mr. Larry Broderick

On behalf of the IBOA, I thank members of the committee for the opportunity to outline the concerns that IBOA — The Finance Union would have in the light of the recent disclosures in AIB. As Members will be aware, IBOA — The Finance Union represents more than 20,000 staff in Irish banking from clerical to middle management level. While I circulated the submission, I would like to focus on the key areas rather than go through it. I am very conscious of the time constraints of the committee and the issues on which it focused earlier today.

It is important for the committee to join us in recognising the importance of the banking industry in Ireland today. The general thrust of our approach to the overview of banking is that Irish banking contributes enormously to the Irish economy and contributes 4.6% of gross national product. As earlier speakers mentioned, it is a major provider of good employment in Ireland. It should also be noted that Irish banks are extremely profitable. Our submission indicates a number of criteria such as profit per employee and cost income ratio, which show Irish banking as being probably the most profitable in Europe. From our point of view, Irish banking today is in a very strong financial position, has made record profits, provides thousands of jobs and contributes billions to the Irish economy. We argue that we all have a responsibility to build on that to make sure it is in premier place not in Europe but in the world.

We then try to focus on the recent developments in the past two decades in Irish banking. We try to put the recent disclosures in Irish banking in some sort of context, not just in regard to AIB but in terms of what has actually happened to banking as a whole over the last two decades.

The first point we have emphasised very clearly is that we have seen a number of very serious financial scandals. This is not just about overcharging. It must be viewed against the background of the ICI debacle, the significant inquiries into DIRT, the Ansbacher issue, the CMI issue in National Irish Bank, and recent revelations in regard to Rusnak, Faldor and overcharging in AIB. As a representative body, we have a greater responsibility not just to focus on one issue or one bank but to look fundamentally at what has happened to this industry over two decades and try to learn from those lessons and rectify the situation in everybody's interests.

We have also tried to bring the committee up to date on what, in terms of its members' own day to day interactions with their constituents, has happened to Irish banking. We have seen a very clear downgrading in terms of levels of employment and status of jobs and the introduction of performance related pay, with a very heavy emphasis on profit, sometimes at the expense of the staff and customers. There has been a huge exodus of experienced staff from the industry through voluntary severance or early retirement. We have also seen significant damage in terms of opportunities for staff to speak their minds and focus on and address problems.

When we look at banking today in that context, we are also looking at what has happened in regard to the closure of branches and the move away from what I would call community banking. All of these are facets that focus very clearly on the culture in banking today. Our contention, which we have put very strenuously, publicly and to each of the banks, is that all of these factors have had an adverse impact on the high standing and international reputation of Irish banking. We genuinely believe that if this is allowed to continue, it will have serious repercussions not just for jobs, which we are interested in, but also for the industry and the standing of the economy. Our thrust, I hope, is a balanced and focused one.

For the committee's benefit, we have tried to focus on the fact that there have been many studies on Irish banking over recent years. They have failed to address what we would contend is an underlying problem in our industry — the prevailing culture within it. This was picked up on in some of the comments and statements earlier. It is our contention that the principal cause for the deterioration in confidence in Irish banking and subsequent problems is a direct result of the prevailing culture which has led to a decline in ethics within banking. This has resulted in a dominant culture emanating from the top down approach of putting profit before everything else. Profit comes before service and the customer. In many cases it compromises ethics and higher standards and certainly comes before the welfare of staff.

It is important to emphasise that the IBOA is not against profit. Indeed we are very much in favour of a profitable industry, and at looking at enhancing profitability, because we want our members to share in that profitability and have good, secure jobs. However, this should not be at the expense of ethics and certainly not at the expense of people, customers or staff.

Our fundamental thrust, in terms of the question of culture, is that the changes we have seen over the last number of years have been gradual but have created a culture in banking which is alien to what I would call the traditional view of Irish banking. It is a culture driven by the short-term goal of maximising profits above everything else. It goes against the finest traditions and highest standards and practices that have given Irish banking a very solid reputation.

I then focus part of our submission on ethics. It is clear, particularly from the disclosures about Faldor in AIB, that there was a serious breach of the highest ethical standards. I am conscious obviously that investigations are on-going, but based on what we know to date that is a serious breach. The IBOA would argue that everybody in the industry needs to return to the high standards, ethos and practices that characterised good Irish banking and gave it a solid foundation. That is where we want to come to.

The recent revelations in AIB, focusing initially on the overcharging practices, have brought many of our concerns to the fore. From an IBOA perspective, these revelations are extremely disappointing as we have a good professional working relationship with AIB and have successfully negotiated a partnership agreement with AIB which is beneficial to our members, customers and the bank. We launched this in 2000 and believe it provides principles that can allow for good governance, good consumer focus and good focus on ethics and standards. This is why, in many respects, the recent revelations have been particularly difficult for AIB staff to take, and it has shaken our members' confidence in their own bank, to which they are tremendously loyal.

One of the unique features of bank officials is that there is a tremendous loyalty to their institution but also to their customers. In many respects, that loyalty even compromises us as a union because sometimes people are asked to make choices between loyalties to their organisation or their union, as against their bank and their customers. What has emerged has been hugely damaging for staff.

That said, we have had a number of meetings with the CEO, Mr. Michael Buckley, and a commitment from the chairman that, in regard to these disclosures, there is a need to be committed to working with us, in line with our principles, to put in place structures and systems, and not just to gloss over these issues but to talk about fundamental change in the culture of AIB to ensure that these issues are not repeated.

Our members work at the coalface of banking and are on the receiving end of the justifiable anger, frustration and annoyance of customers over these revelations. It is particularly galling for the thousands of staff who have built up excellent professional and personal relationships with customers only to find that their customers were being overcharged for years. That is very difficult to take if one has worked within an industry and built up loyalty among customers. Staff have felt embarrassed and let down by senior management over these revelations, and this has now turned in many respects into widespread anger. Questions are being asked as to why it has happened, what has actually happened, where the accountability is and how the issues can be resolved for the future.

It is equally important to note that allegations of tax evasion and offshore accounts of senior executives have infuriated staff even more. It impinges on the cornerstone of integrity, which is the bedrock of every bank official dealing with the public on a daily basis. Questions are being asked among many staff as to whether there is one rule for the ordinary employee and another rule for senior management.

Although these revelations have been embarrassing and hurtful, we believe that the various investigations and hearings currently under way are a welcome development and should be regarded by the industry, regulatory bodies, the Legislature and ourselves and staff as a unique opportunity to address the core underlying causes of the malaise within Irish banking — the issue of culture. We welcome the in-depth investigations under way. It is important that when those investigations have been concluded, a commitment to date by senior management in AIB to meet with us is fulfilled in order to put in place the changes that are necessary in the culture for the people, the organisation and the standards. Those changes need to be implemented with the IBOA as the representative body.

What we have also tried to do for the committee is give some view on what we believe is the way forward. It is easy to be critical sometimes and to be damning in terms of organisations. We see our responsibility as recognising where the problems are and working towards putting in place a structure that involves fundamental changes. Management must take responsibility and be accountable for their actions. We also need to learn from the lessons and bring in meaningful change in the banking industry.

We put to the committee a template for change that we believe will be widespread in terms of its application and will assist bank officials in providing a better culture, with the co-operation of senior management. The first initiative concerns bank boards. It is important to note that staff and customers, two of the most significant stakeholders in the banking industry, are at present excluded from the main decision making bodies of the banks. We believe the time has come for bank boards to include staff representatives and customer representatives. We would argue that if this was the case historically, the practices and disclosures now causing such difficulty and controversy would probably not have occurred. I am not naive and do not believe that putting representatives on boards will change the world, but we are of the view it requires far heavier emphasis in terms of boards of management.

The second aspect we have talked about is the need for a whistleblowers' charter. This should be introduced to protect vigilant employees who in the public interest need to bring to the attention of the relevant authorities matters and activities that are against the common good, that are at variance with good practice and that may be at variance with good ethics. It is important that such a charter is not allowed become a crank's charter. It must be balanced, constructive and ensure that genuine concerns are raised, but at the same time discourage misleading or frivolous claims. Putting such a charter in place would be a difficult task. There is a fear culture in Irish banking. Bank officials are caught by the commitment and loyalty to their organisation and there is a strong fear of talking about and highlighting problems.

The third initiative we have talked about has to do with a number of climatic changes in the industry to address the culture of fear. Sadly bank officials are fearful about speaking out. There is a fear culture among staff throughout banking. Staff are genuinely frightened of speaking out openly on virtually any issue because there is a perception that they will be viewed as disloyal to the bank and that their career progression will be hindered. We believe it would be healthy and helpful for the banks to actively encourage staff to speak their minds in a meaningful and constructive manner, but it must be safe to do so. Internal criticism should not be feared or seen as a threat by the banks, rather it should be regarded as a positive development illustrating concern and loyalty for the organisation by staff. The committee should acknowledge that recently, a number of banks, in conjunction with IBOA, have begun to undertaken employee surveys, and, in the case of one bank, road shows, to allow staff an opportunity of speaking out. This is a welcome development which we would like to encourage across the industry. However, there continues to be big problems in this area.

All the human resource policies need to be reviewed. In recent years HR polices and practices have become totally subservient to the business needs of banking. As outlined earlier, the emphasis and obsession with selling ever more products to make even more profits, creates a pressurised and stressful environment for bank workers. As a trade union, the IBOA has had to deal with a twentyfold increase in stress related problems in the last five years alone. Indeed, in our submission to the Strategic Review on Banking, we pointed out, "There are staff shortages in many bank branches and this is having an impact on staff through stress." If anything, the situation has dramatically worsened since then. We realise a central part of any bank's business is to sell products, but it needs to be balanced.

A key matter is the need to review performance related pay, PRP. PRP, in recent years, has become the favoured method of remuneration for bank employees at all levels. While rewarding employees who achieve or exceed particular targets is standard practice across the private sector, it is particularly prevalent in the financial services industry. We have serious misgivings, borne out by international experiences and awareness of Barings and Rusnak scandals, that where PRP becomes the principle form of reward, it leads to a culture of greed which compromises standards and good ethics. It also undermines the humanity of banking, which is a core issue from our perspective. If the banks will continue to pursue a system of remuneration based principally on PRP, the IBOA believes we will witness more damaging disclosures and financial scandals.

There is a need for a radical refocus on ethics within banking and a need to look at the issue of regulation. In the presentation the IBOA strongly advocates the need to look at a partnership approach in Irish banking. The Oireachtas does very important work and the executive committee of Congress, of which I am a member, is doing equally important work trying to conclude a national pay deal at this time, but it is important to bear in mind that the banks have been reluctant to embrace partnership, which has been the root of the success of the economy in the past, as part of their modus operandi for the future.

There is a need for a forum on banking. This should not be a retrospective look at the problems, but should be future focused. It should learn from experience and from the reports and investigations. It should be an all-embracing forum, including the regulator, the legislator, the various consumer interest bodies and the IBOA, putting forward in a constructive fashion the issues of a profitable banking industry and addressing the need for deal with profit in a structured way.

Irish banking is profitable and benefits our economy and society. However, there is a serious problem with the prevailing culture within Irish banking. Staff and customers have been shocked by recent revelations and their confidence has been dented. There is a need for a co-ordinated approach involving all the stakeholders in the industry and the IBOA believes a forum on banking is the best way to move forward constructively.

Mr. Broderick, you stated there is a fear culture among staff throughout the banking industry and, in essence, people are afraid to speak out in case it may impinge on their career prospects. In IT companies and other big international companies there is a facility whereby the complaints of staff members are outsourced. If a staff member has an ethical or management issue of concern, he or she can make the complaint to a company dedicated to dealing with complaints within the organisation. Such complaints are reported at board level, not through senior management. It is another way of dealing with such matters which does not require a whistleblowers' charter or legislation. It means that the board and audit committee can hear issues directly from staff without the staff having to put their names to it. It is done through a consultancy. Would you consider some such practice as useful or should we stick to the legislative approach with a whistleblowers' charter? Are there not simpler ways of dealing with it than by way of a whistleblowers' charter?

Mr. Broderick

We have an open mind on this. It needs to be addressed. No restrictive or prospective approach addresses the needs of staff and also the cultures in the different organisations. I suppose we are throwing out ideas on how it should be done. Unfortunately, Irish banking is focused on a top-down approach. It is strictly regulated and structured. The focus is on reporting to one's immediate line manager, who directly reports to his or her immediate line manager. For the reasons I identified, that has been a difficulty in allowing people freedom of expression where there are serious concerns. Our thoughts would be similar to those of the committee — or your own, Chairman — to be flexible in coming up with solutions. I do not see any one solution as being the sole solution and I would be open to debating that with the banks, the industry and anybody else if they felt it important.

In fairness, I want to rotate the speaking time between Government and Opposition members. As there is only one Government member present, I will come back in then. Is that agreed?

Five minutes for each person is sufficient.

I have a commission meeting at 2 o'clock.

I do not intend to take up my five minutes. I thank the delegation from the IBOA for attending this meeting. I am shocked at the openly critical tone of this presentation. Everyone feels that there is a huge decline in the ethics of banking, but Mr. Broderick talks of a fear culture and an alarming decline in ethics. Coming from the representatives of staff, it signals that there is a serious problem that must be addressed.

What is missing in the way in which an individual staff member deals with the public that makes this culture so wrong? For example, we have seen cases of misselling of products, where 90 year-old people are being sold products that will not mature for 15 to 20 years. Are there no codes of conduct whereby, if one is selling a product, there must be some sense in which the advice tendered is in some way appropriate and relevant to the customer? Are there no codes of that nature within the banking industry so that when people at the coalface are making these decisions, always under the pressure of having to be profitable, some sort of baseline values are applied?

What are the compliance procedures? It appears, for example, that AIB turned over the fact that it was overcharging, but nothing was done about it. No one felt the need to say that this was wrong and should be changed. While there can be a fear culture, this seems extraordinary. This was law-breaking. Is there nothing in place to indicate the things that one must do to be lawful in banking and that this would be the standard against which people's behaviour would be measured?

Most people have talked about very poor compliance procedures, about how there ought to be automatic sign-offs and that when things are found to be wrong they should be elevated up to a point in the organisation where people would make decisions and change the policy. Can the IBOA describe what is missing, in its experience? Does it know of banks in Ireland that operate in a better culture? What do they do in terms of the way in which they handle the obligations on staff to sell products, get in revenue from charges and so on?

I take the point about having a forum, but the IBOA must have seen practices that we could start demanding of AIB and IFSRA when they appear before the committee. We could demand that IFSRA start to initiate them. They do have force of law and can presumably change the way things happen within the banking sector.

I ask the IBOA representatives to describe from their experience what those changes might be. I take their point about the make-up of bank boards, although that probably could apply to all companies. Some European countries have such systems in place.

I also take the point about whistleblowers. I would like the IBOA to elaborate on specific policies that we could try to incorporate into the practice of IFSRA and into the legislative code that might change the way banking works.

Mr. Broderick

It is first important to put this in context because I do not want the committee to go away thinking that Irish banking is in a malaise and that ethics have gone out the window. There are codes. The Irish Bankers Federation has set out very detailed codes on what should apply. There are also issues in regard to the products covered and how individual bank officials should interact with customers.

One must understand this from the bank official's perspective because the compliance legislation has changed so that the onus is being placed on the individual bank official, not the organisation, to have accountability in areas of compliance. The difficulty for the bank official on a daily basis arises where there is a drive from the business to maximise profit through the selling of products and to be tighter in terms of cost efficiencies. This creates a pressure on the bank official, and if the official was to engage in every legal code and practice required there could not be any selling in the business because the focus would be on the compliance legislation.

The focus is on the selling and maximising profit, which is compromising compliance and ethics in the industry. If the banks come before the committee they will be able to show mountains of paper and procedures in that regard, but breaking down is the problem. Our criticism relates to how this translates, in terms of the culture in the organisation, in order to ensure that people are given training, that internal audit teams are built up and that there is investment in regard to control. The regulator must understand that and ensure that the support is put in place to ensure that the highest standards are met. That is what I am trying to get across.

When I talk about the fear culture, it is very clear in regard to banking that there is a difficulty in speaking out. Sometimes people are charged with the responsibility not of identifying why compliance has not happened in certain areas but of why the target figures have not been hit. This is the drive and the focus. It is important that banks are profitable. They need to sell products. However, we must ensure that the templates are implemented and the necessary supports put in place.

The committee must also recognise that the issues in regard to AIB relate to a particular time period. I would be remiss in my responsibility not to say that improvements have taken place and that we are working in the right direction. However, the more these disclosures of past practices emerge the more the industry is damaged. That has shaped the public perception, and it is very hard to convince the public, in light of more disclosures, that this has changed.

We need to set up a forum in which all of us interested in the industry can talk about standards and support to regain that confidence. I am more confident today than when committee members come into the branch of whatever bank, our people will be trained and will understand what is required to ensure the highest standards. However, there is still this conflict in regard to the culture, which has created misselling, the Faldors and difficulties for customers. We must eliminate that perception as best we can and build on the structures and supports in place.

It would be misleading to give the impression——

Are there any banks which have cracked this, which can be profitable and yet apply principles and ethics? In the long term it is only ethical banks that will succeed.

Mr. Broderick

We can look at international banking. Banking in Sweden and Denmark has a far more ethical approach that can marry social and community responsibility and good profits. Every bank is different despite the fact that they face similar situations. Certain banks do things better than others. The cultural view that we are talking about must be evident in each bank. Each bank must have a root and stem of its own culture to ensure standards. However, there are templates that we can draw upon to deal with that——

Would Mr. Broderick offer a benchmark?

We are glad to see Deputy Bruton finally agreeing with benchmarking.

Mr. Broderick

Again, we must be conscious that Irish banking is different from other banking institutions. What we want to bring to the debate is to look at best practices and apply them to the culture of the organisations with which we are dealing. That is our approach. I can understand that members of the public might be worried as they visit their bank officials but while, overall, we have moved on significantly, the banking culture has not. While regulations introduced by the Oireachtas have improved the scenario, there is a great deal of work to be done. Unless we can get to the root of the culture in the organisation, we will remain open to further issues of concern arising in the future.

Last week the Governor of the Central Bank, Mr. Hurley, attended the committee and made an excellent presentation. I thank Mr. Broderick for his first class contribution also. The events of the last month are like something out of a John Grisham novel. Even with the experience of Rusnak, lessons were not learned which I find extraordinary. There is no doubt that bank boards are golden circles, as pointed out in the Seanad during discussions on financial matters. The same people sit on various boards at that level. The image of the banks was that they were ladylike and gentlemanly institutions. When I left school in 1962, it was ladylike to get a job in a bank. I am trying to understand the current scenario. There appears to be a them and us attitude and an old-fashioned worker-management hierarchical relationship. The majority of the 44,000 bank workers slave away while there is a golden circle at the top. IBOA membership of the boards in question is an excellent idea which should be pursued vigorously.

Can Mr. Broderick tell the committee when this culture in banking began? We do not want banking and the economy to be damaged. Last week The Wall Street Journal and the Financial Times contained articles about the scandals in Irish banking which I find very disturbing. I made the point that while we looked down our noses at Mugabe and said Zimbabwe was a corrupt country, we appeared no different to people around the world reading The Wall Street Journal and the Financial Times. Everyone must cut to the chase to solve this problem before it gets out of hand.

While I am not well enough informed to make a judgment on the stakeholders, the directors of the IBOA should vigorously pursue membership of bank boards. Where one appoints workers to a board, they must be seen to work with the board rather than tattle and become zealots. I support IBOA board membership 100% but it should be careful to ensure the person selected is the most suitable rather than the most popular candidate. I remember speaking 20 years ago to the chief executive of a multinational company from Sweden and Norway who told me that they were very enthusiastic about worker directors who took the responsibility not to tittle-tattle after board meetings. This is an important point. When the Governor of the Central Bank appeared before us, Deputy Ó Caoláin asked him about whistleblowers. Mr. Hurley said that where all other measures failed, there was a need for whistleblowers.

The issue of stress was raised. Where significant profits are being made, it can be helpful to provide performance related bonuses. It would not be right to deprive workers. From our own business experience, I know that when it comes to ethics, one is either straight or one is not. The culture starts with the manager. If the person for whom one is working is not sending the message that an organisation is straight and squeaky clean, it sets a tone. With all due respect to Mr. Broderick, if a person is stressed in working in a bank, he or she should not continue to work there. If one is stressed in a job, one should get out of it.

And go into politics like the Senator.

While I accept that people are under pressures, it would be healthier for them to go. I am fascinated that the banking culture changed from an exclusive, profitable industry run by paragons of virtue. There was a time ten or 12 years ago when bankers criticised the Government. The first crack in the facade was made by the ICI, although everything went quiet immediately afterwards.

I would like to know more about the culture which has been revealed. Was it always the culture, even when the profession appeared gentlemanly? We must resolve these problems swiftly as I cannot bear to read about them. I became upset reading The Wall Street Journal, the Financial Times and The Guardian last week. I found the articles disturbing.

After I had spoken out at this committee last week, I received e-mails and letters thanking me for asking about bank workers who, along with their mothers, fathers and children, are stressed out. It is important to tackle this issue quickly to prevent the banking system from crumbling around us, just like the Catholic Church. The economy is dependent on the credibility of our banking resources to secure investment.

I am delighted to be here to listen to Mr. Broderick present his excellent document and fascinated to hear more about the development of the current culture in banking.

Mr. Broderick

As the Senator says, the last few years have been difficult for many of my colleagues in the banking sector because of the revelations under discussion. As a trade union directly involved in banking, the IBOA has an interest in ensuring the success of the banks. I am very much against a them and us attitude in banking and strongly support a collaborative approach. A trade union should not be viewed as an enemy within. If anything, it should be considered an important friend with positive and constructive suggestions to make. The theme of my presentation and the manner in which the trade union does its business reflect this.

That comes across.

Mr. Broderick

We have many constructive ideas, the adoption of which is in the interest of banks individually and collectively. Bank officials have strict rules of governance in terms of declarations of secrecy and what actions they can and cannot take. If our representatives were members of the boards of banks, they would fulfil their roles in a responsible manner. We do not consider they should be seen as cranks and whistleblowers. The question of a whistleblowers charter would be considered differently if our representatives sat on boards to influence and give direction on policy in keeping with the needs of banking organisations, customers and staff members. The trade union is responsible enough and has the requisite levels of knowledge to ensure our representatives would be trained and informed.

Culture is a key issue. Like many present today, I remember that in the early 1980s a position in banking was considered secure and well-paid with an incremental structure which carried a community responsibility. The person concerned was seen as a pillar of society. At the end of the 1980s and in the early 1990s we saw a drive by the banks to cut costs, get rid of senior staff by investing in those leaving the organisation, bring in low grade workers and focus on performance related pay. While we do not reject performance related pay in principle, it has changed the banking culture in the past 20 years. It has driven people to focus solely on the bottom line, the profit element, in branches and on behalf of the organisation at the expense of the customer, the community, the social side of banking and the concept of ethics. This did not take place at a specific point but has been the result of a gradual erosion which started at manager level in the late 1980s and early 1990s and has now permeated all levels.

The issue of stress in banking was mentioned. It is a sad reflection on the banking sector that thousands around the age of 50 years have left. This has had a tremendous impact on banking institutions because the people in question had a major contribution to make.

They had old-fashioned ideas.

Mr. Broderick

Yes, they had adopted a constructive approach but had had enough and felt compromised because they believed the profit concept was taking over from what had been a balanced approach. As others stated, it is a question of marrying the need for profitability — all institutions must make profits — with good regulation, good products for customers and a good place to work. The message young people entering the banking sector are receiving from management is that they will only progress through performance related pay. We have argued that this should not be the case and that one can be a good banker by focusing on areas other than sales.

We agreed, as part of our strategy, to examine human resource practices. I agree that if the current trend continues, it will do untold damage to all concerned. We hope the current investigations will bring what is happening in the AIB to a point where everyone can examine the issue and learn from it from the perspective of the industry as a whole. We have asked the industry to join us and the regulator in a forum which would focus, not on past investigations or tribunals but on what all of us in a competitive banking environment have learned and how it could help us adhere to the ideals members have identified. I hope I have addressed their points.

Like other members, I welcome the IBOA presentation and thank the members of the delegation for their patience. I return to a comment I made earlier. If today, tomorrow or next week an employee in Allied Irish Banks or any of the other institutions comes across and is fundamentally unhappy about a breach of tax regulations or an ethical code regarding selling practices, is the IBOA satisfied with the action he or she can take? Mr. Broderick stated he had received a high level of assurance from Mr. Buckley at their meeting which is a positive development. I reiterate that the banking sector and the jobs it provides are important to the economy and that, painful as some of the inquiries are, the ultimate objective is to have a stronger, more competitive industry. Mr. Broderick stated that an employee in the circumstances I described would report the matter to his or her line superior. I presume the matter would be included in a management report further up the line.

My understanding is that banks have extensive internal audit and management reporting functions. I understand that, traditionally, such matters would have been reported to an internal or external auditor by an area or other manager. In their scrutinising role auditors are reliant on bank staff and frequently ask individuals if they are unhappy about any issues. For instance, the classical approach to identifying the occasional employee who has been dipping his or her hand into the till is to seek inconsistencies between the lifestyle he or she leads and the level of salary he or she enjoys.

The issue about which I am not certain and the reason I am focusing on this matter is whether Mr. Broderick feels confident, following his discussions with Mr. Buckley, that staff at junior to middle management level who come across a breach of regulations believe they are sufficiently empowered to report their unhappiness to the IBOA or, more properly, their manager, the audit committee or internal auditor. Do bank staff know they can take such action without fear of reprisal? Given the culture of fear and the determination to pursue profit to which Mr. Broderick referred, would individuals conclude that reporting such matters could get them into trouble and feel too stressed and afraid to do so?

I was also struck by the statement in recent weeks by Mr. Scanlon, the former chief executive of the AIB, that his wife had made an investment which, unbeknownst to the couple, had gone into an account in the Virgin Islands. Was this decision taken by a relatively junior bank official? I cannot understand how this could happen. A managing director in a bank is usually an important person whose spouse will be known to employees of the bank. In the days when, as Senator White might say, the lady bank clerks wore gloves and hats such persons would have been referred to by their title. Traditionally, some of our banks had something of an aristocratic culture. Will Mr. Broderick enlighten me on such matters?

As regards the role of internal and external auditors, I understand that not only did Mr. Spollen ultimately resign or have some difficulties with regard to material he had disclosed to the DIRT inquiry but that another chief internal auditor — I am not certain of the precise title — in Allied Irish Bank also retired after the Rusnak affair, despite the fact that the person concerned had responsibility for the home countries, namely, the United Kingdom and Ireland, and had no responsibility as regards America and Allfirst. As a material matter, the retirement of an internal or external auditor is reported to the Central Bank.

I refer to section 7 of the presentation. I fear that the regulation being introduced is so detailed it may be impossible to meet all of the compliance requirements. Is it possible to fully comply with all of the new regulations without vast additional resources? Will responsibility for compliance be shoved onto more junior staff when it is the ethical responsibility of senior management and board members to set the tone?

I am aware that I have raised difficult questions and do not ask for yes or no answers. They are, nonetheless, the critical areas. In the event that bank officials see something wrong, do they feel empowered to raise the matter at the appropriate level without feeling they are placing their positions or profits in danger? Obviously, Mr. Buckley gave Mr. Broderick welcome reassurance in their discussions.

What has happened with regard to internal audit? What happened to the previous internal auditor who resigned after the Rusnak affair, despite not having responsibility in the matter? What is the status of the current internal auditor? Is he somebody as powerful as senior management, or is he there for the rainy day without recognition of his powers and independence? One of my criticisms of the recent regulatory Bill for IFSRA and the Companies (Auditing and Accounting) Actwas that the status of internal audit was not officially recognised. It may be but it is an option.

The last part of my question, which is a difficult one, concerns Faldor. It is easy for us in Ireland to regulate home banks but because of the existence of overseas subsidiaries, is there a mechanism at a European level through associations of European bankers to address complicated group structures about where responsibilities end in one company? Where there is a chain of companies it becomes difficult. I do not expect an answer but this is a source of concern.

Mr. Broderick

I will do my best to answer as a great deal was covered in the questions. The key question is, what happens if somebody has a problem? There are three main areas where it can be addressed — directly through the line, through internal audit or through compliance, which should be seen as separate and distinct from internal audit. Is there a culture that provides support and a comfort zone for people to do this? The view of the IBOA finance unit is that it does not which is a concern. The recent disclosures did not come to light by means of the IBOA or through the internal organisation, rather they came to notice through the media. That is bad for banking and speaks volumes about the culture we are discussing.

Reference was made to the assurances we received from Mr. Buckley. He has said that when all of the investigations have been concluded, we need to have a rigorous examination of many of the facets referred to. What did the AIB learn from the Rusnak case which could have broken the bank? We are talking about a sum of over €700 million. We had an internal investigation by Mr. Ludwig, an eminent professional in the field. We are asking how this could have happened subsequent to the Rusnak case, given all that we went through.

Who paid for Mr. Ludwig's investigation and report?

Mr. Broderick

The bank paid for it. It commissioned his report.

He reported to the bank.

Mr. Broderick

Correct.

It was an independent report, commissioned and paid for by the bank. I am sure the draft report was cleared by the bank before it was published. I presume if he gave a nice glowing reference to the AIB in general, it paid for that too. That is the answer to the question.

Mr. Ludwig's report should have gone to the Central Bank. It obviously went to the bank which commissioned it. Should all of the report or significant elements of it have been published? Would that have helped staff within the bank, or should it have been given in confidence to a committee of the IBOA? We heard the highlights. We received a couple of detailed articles and a book but to my knowledge it was never fully published. Did the IBOA receive a detailed briefing?

Mr. Broderick

No, we did not. In the light of the recent disclosures, we are trying to engage with the bank to find out what is stated in the Ludwigreport, what lessons have been learned from the Rusnak case, and what we need to put in place to focus on what went wrong, particularly post the Ludwig report?

There are structures to make complaints but one has to question if staff are confident in going to their line manager, compliance manager or senior management to have something addressed. There is a fear and staff need to be reassured that they are not being disloyal.

This is not just about ethical issues. Staff also have a view of how they should be managed. Personnel management skills need to be focused. One of the things we are trying to do in banking in general and the AIB, in particular, is look at the performance management process, to broaden it in order that it is not solely focused on what I call the numbers area, that we look at other areas like interpersonal skills, consensus and working with people to ensure a better atmosphere. There is no quick fix solution.

I have no doubt IBOA members were not directly involved or had no knowledge of Faldor. From the information available to us, this issue goes to the core of banking. It is clearly a case of people catering for themselves. Like everybody else, we want to know how it happened and who knew about it. We want to be reassured that there are no such structures or facilities in place to do it again. We want a commitment that it will never happen again. These issues must be addressed.

I welcome and agree with the comments made on Irish banking which is working in an international framework. We need to look at international standards and take them on board. We cannot say we are great. Irish banking has become a joke in the world media due to recent revelations. We need to move beyond this and learn from international standards, particularly in the area of internal audit and controls. There is a value in separating out within the board in terms of where people can go when fundamental ethical issues arise that cannot be addressed in the line structure or even through a compliance manager.

The number of issues with which bank officials have to deal is enormous. The regulator, by virtue of the action taken and the legislation in place, is putting enormous responsibilities on bank officials who are of the opinion that there is not enough time, emphasis or support to be able to do all that is required of them. Corporate responsibility is required. My members fear they will make a mistake in compliance and that they will lose their jobs over this. A balance has to be struck. Training must be provided and support structures put in place. Corporate organisations must take responsibility.

On money laundering, the banks are saying to us responsibility lies with bank officials, that we know the legislation when it comes to compliance. It is very hard to work in such an environment when we are being told we need to get the profit figures up, that we need to ensure maximisation and that we are behind our targets. Irish banks are very demanding in seeking double digit growth. Balance is required, as investors acknowledge. What the banks tend to do is work for the share price and investors. These concepts need to be talked about, the reason I am calling for the establishment of a forum on banking.

There is no point in the AIB cleaning up its act and being the most regulated, sanguine and structured bank in Ireland impacting on the bottom line and providing a better social service while other banks gain a competitive advantage which would result in the AIB laying off a great number of staff because it could not compete. If we are serious about this, we have to strike a balance.

I hope the banks will say there are no more Faldors or structures that can facilitate it. That is what I want to hear. I want it to be driven out of the industry once and for all. I want to ensure the structures are in place to prevent it happening again. It causes us concern when we hear different accounts of what people said. One person believed it to be a perk of the job. Another knew nothing about it. The present chief executive said it was not in his domain and that he was looking at it as a new structure. Somebody must know. Some members the board of the AIB must have been there at the time. Where are they now?

I hope I have addressed many of the questions about the internal audit function and the need to look at existing standards. Banks officials want to call foul and identify problems but are very fearful about the impact this may have. For example, they fear simple things such as letting down the side. We only need to examine what happened in the DIRT inquiry when the banks were brought before the sub-committee of the Committee of Public Accounts. We are all aware of what was said at the time. Society which had a responsibility was compliant. The Revenue Commissioners also had a responsibility — it was not that this was unknown.

That is true.

Mr. Broderick

If we are looking at the issue today, we must do so futuristically. If we believe in those principles, we must move together to establish them.

I join my colleagues in welcoming the representatives of the IBOA who have had a long day. I welcome their highlighting of the negative and damaging policy of the banks in cutting back services to local communities, specifically rural communities and the broad urban, typically more working class areas of our major population centres, which has had damaging consequences. I note that in the IBOA's agreement with the banks there is a clause that refers to a three year moratorium regarding further branch closures. Will Mr. Broderick state from when the moratorium commenced? What will happen after the three years elapse?

On page 3 of Mr. Broderick's written submission he refers to recent developments in banking. I am surprised that he includes regulation among his list of "disturbing developments". Surely it would be of assistance to staff in banks who want to reach the highest standards of ethical performance. I am a little disturbed and puzzled and curious as to how Mr. Broderick would address this.

Mr. Broderick has stated the prevailing culture in banking has led to an alarming decline in ethics. When does he believe this decline commenced? I suppose some of the worst banking scandals began in the 1980s and could pre-empt his reply. What does he have to say to me?

On page 7 of his submission Mr. Broderick states IBOA members feel the brunt of customer anger over overcharging, that there appears to be one rule for ordinary staff and another for highly paid senior executives. I have no doubt that this is the case. However, at what rung of the ladder does Mr. Broderick believe the rot begins?

It is also a common complaint of customers that they are pressurised and misled into buying financial products that expose them to risk but which are profitable for the banks. It is an inescapable fact, of which we must be cognisant, that it is the staff in branches who sell these products. It is important that Mr. Broderick has emphasised that payment by results puts pressure on staff regarding ethics. It is all very fine stating this actually erodes ethics — I do not want to make Ms Jessie Doherty of the AIB any more uncomfortable — but the problem must be addressed.

Yesterday I received a telephone call to my Dáil office from an AIB customer who had been involved in a car accident in the 1990s, for which she had received a substantial settlement. It was lodged in a deposit account in an AIB branch in the west — I will not identify the exact location — but she was subjected to continuous pressure to reinvest and take a different course. Bonds were mooted, in which she was ultimately pressed to invest. As we know well, they did not retain their value and the lady in question endeavoured to rescue what remained but on every occasion she tried to express her concern she was told to keep the bonds, that their value would begin to rise again. Sadly, it has not increased.

In bringing this to my attention the customer in question had no idea about this meeting today. I use the example of her case to highlight the concept of collective responsibility. When I ask at what rung of the ladder the rot sets in, I refer to the huge responsibility to give staff in bank branches the full support necessary as the first check on behalf of customers to ensure ethics in banking. We depend most on the ordinary member of the IBOA. I am probably unique among the team on this side of the House in that I am the only one who was previously a member of the IBOA. What steps, if any, has it taken to uphold the rights of its members and their public duty to refuse to be party to a rip-off culture and, apparently, illegal activities within their employment?

I can identify fully with the fear of which Mr. Broderick spoke. I have friends in my peer group who are still involved in banking and know well that it is real. How does one address it? One must give staff the strength to say no. If we expect the €25 million lodged with the Central Bank to erode the responsibility regarding overcharging on foreign exchange transactions, we must bear in mind that the banks will ultimately find another means of taking money out of our pockets. People must be made accountable for these actions. I do not want ordinary members of the IBOA for whom I have great respect to be held culpable.

I concur fully with the arguments that staff and customers should be represented on bank boards. That is important. The proposal for the whistleblowers charter is also important. Can Mr. Broderick outline some examples, without necessarily revealing identities, to show where members of the IBOA have blown the whistle? It would certainly be of interest to the committee to know their experiences which should be exposed. Have they survived in their employment? Have their careers been curtailed or their prospects of advancement interfered with in some way? It is important that this is addressed.

The proposed forum on banking should primarily be a platform for customers on which to engage with those who actually deliver the service at the coalface, not a forum for banking where each individual section, from senior management down, uses it just to get things off its chest and state its own position. If it is to be effective, it needs primarily to afford an opportunity to customers to present their experiences, concerns and recommendations for a better relationship with and improved standards in our financial institutions. I wish Mr. Broderick well in his work.

Mr. Broderick

I will focus, first, on the agreement on the closure of branches. The agreement is with the AIB only, not with other banks. We engaged with the AIB two years ago and a commitment was made that for a period of five years it would not engage in a strategy of closure of rural branches. However, it indicated that it was considering the rationalisation of urban branches. We have continually said to the banks that there must be a structure that provides for community banking arrangements. They do not have to be fully fledged banks — banking is creative enough to be able to provide a presence on the ground. There are many who are not familiar with Internet banking. The agreement with the AIB regarding rural branch closures has been in operation for two years and will continue for the next three.

Developments in regulation were referred to in my submission. I stated some of them, particularly increased competition and improved regulation, had generated welcome challenges in the industry and increased efficiency. The structure of my presentation might have given the impression that I am critical of regulation but the opposite is the case. I apologise for not explaining this in my deliberations.

The structure should be regulated.

Mr. Broderick

Downgrading and performance related pay caused problems, not regulation. We welcome regulation, as we mentioned in our comments on the recent Bill. In putting regulation in place, however, we need support and controls to ensure it works.

While I cannot comment on any particular product, I accept the point that our members and we, as a trade union, have collective responsibility. I am not here to blame everyone else as that would be a negative approach. However, I want to get across to the committee and the industry, if it would listen, that we have a vested interest. Our members want to provide high standards. There are regulations for the selling of products and staff must be trained and monitored in doing so. If they are not, we must take responsibility for those of our members not fulfilling their roles. We will not be found wanting in this.

There is a focus on the drive to maximise profit. However, there must be checks and balances. Our argument is that we must look at controls where the internal auditor talks to business about compliance to ensure a cohesive approach to delivering a banking service that is not just focused on one area. I note what the committee has said — we have a responsibility, as an organisation, in moving forward and addressing this area.

The committee asked when the culture changed. As in any industry, no one would ever say it is a font of beauty and delight, there were always challenging times in the banking industry. The cultural change I identified, however, coincided with the introduction of performance related pay for managers, leading to a strategy where jobs were downgraded and staff brought in at lower levels of the organisation to do the same work. There was then a drive away from the social and community responsibilities of banking which drove the industry to become cost focused to maximise profit. It can be a profitable industry. It is a question of redistribution, not in the traditional ethical way but by creating a balance.

We have had our own difficulties with the industry which has viewed us as an adversary rather than as a partner. We must say to it and must understand that we have as much an interest in this working and that unless we can get to a level where the industry understands our role, it will lag behind the standards required. In the AIB we are rolling out a partnership with management and talking about these principles to staff, about which our members are somewhat cynical, as are some members of management. Our job is to say this is not just about words, that actions are taken to address this. That is the key.

There is still a fear of speaking one's mind within the industry. I can give the committee a classic example that we see on a daily basis. People come to us to say they are afraid to claim their overtime or identify a product with which they are unhappy. When they come to us in order that we can raise these issues formally, the problems have been addressed and staff have not been transferred to Rathlin Island, although that is a lovely place. However, there is a genuine fear of names, branches or even areas being mentioned.

How can the IBOA change this?

Mr. Broderick

That is our challenge.

Either people have the guts to speak out or they do not. There are those who will not speak out, on which we cannot change the Irish nature. I have been warned in this building not to speak out.

There are those who will stand up and be counted and those who will not.

Mr. Broderick

It is not about standing up and being counted. The IBOA will not change the culture of Irish people.

If one gets a few Northerners down, one might.

Mr. Broderick

As there are a few Northerners in this delegation, we will not go into that. The reality is that senior management must reflect the tenets I am reflecting. My experience of managing change is that if there is a duality of purpose, if staff hear senior management saying if they have a problem, they can go to the trade union and the issue will be addressed constructively, that will create confidence. Unfortunately, as a result of the adversarial nature of the industry, we need senior management to say it also. That is what we will be discussing with Mr. Michael Buckley and Mr. Dermot Gleeson. They must take the lead with management.

Michael Buckley was an outstanding public servant and I have no doubt that he will do what is right in the AIB. Last week people were trying to get him when he has an outstanding intellect and great integrity.

We do not need Deputy Ned O'Keeffe here at all.

I am talking about the man as a human being.

Mr. Broderick

It would be wrong to refer to individual personalities.

If I did not think it was the case, I would not throw bouquets at Mr. Buckley.

I appreciate that.

Mr. Broderick

Our strategy is that we will not run AIB; that is not our responsibility, we are in place as the representative body. There are investigations under way that must come to an early conclusion. We must sit down with management of the organisation and be given information. We need to know what Rusnak said and then work to put structures in place for the future. There must be accountability and responsibility on all sides.

From a business point of view, if there is something wrong with a product, it has to be cut out quickly or the business could fail. The way the Minister for Agriculture and Food, Deputy Walsh, dealt with the food and mouth disease was a model of crisis management. I am worried that this will drift and everyone will continue moaning and groaning. We must act swiftly.

The response to foot and mouth disease was a large-scale cull. Is the Senator suggesting tht we undertake a large-scale cull of directors and senior management?

We kept it out of this part of the island by displaying leadership.

We kept it out with a large-scale cull.

There was not a large-scale cull here; it occurred in England. The Deputy is getting mixed up.

On behalf of the committee, I thank the IBOA representatives for their contributions. The meeting has been very useful and will assist the committee in deciding how to proceed. I hope the IBOA representatives also found it of benefit.

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