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Joint Committee of Inquiry into the Banking Crisis díospóireacht -
Wednesday, 10 Jun 2015

Nexus Phase

Central Bank-Financial Regulator - Ms Mary O'Dea

As we have a quorum, the Committee of Inquiry into the Banking Crisis is now in public session and can I ask members and those in the public Gallery to ensure that their mobile devices are switched off. We begin today with session 1 public hearing and discussion with Mary O'Dea, Central Bank-Financial Regulator. In doing so, I would like to welcome everyone to the 31st public hearing of the Joint Committee of Inquiry into the Banking Crisis. Today we continue our hearings with senior officials from the Central Bank of Ireland and the Financial Regulator, who had key roles in the crisis period.

At this morning's session, we will hear from Ms Mary O'Dea. Mary O'Dea joined the Central Bank in 1987. She was the Financial Regulator's consumer director from 2003 through to July 2011 and sat on the board during this period. In February 2009 to January 2010, she was acting chief executive of the Financial Regulator, having stepped in when Patrick Neary retired. She is currently senior adviser to the executive director of Ireland at the World Bank. Ms O'Dea, you are very welcome before the inquiry this morning.

Before hearing from the witness, 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 you are directed by the Chairman to cease giving evidence in relation to a particular matter and you continue to do so, you are entitled thereafter only to a qualified privilege in respect of your evidence. You are directed that only evidence connected with the subject matter of these proceedings is to be given. I would remind members and those present that there are currently criminal proceedings ongoing and further criminal proceedings are scheduled during the lifetime of the inquiry, which overlap with the subject matter of the inquiry. Therefore, the utmost caution should be taken not to prejudice those proceedings.

In addition, there are particular obligations of professional secrecy on officers of the Central Bank in respect of confidential information they have come across in the course of their duties. This stems from European and Irish law, including section 33AK of the Central Bank Act 1942. The bank inquiry also has obligations of professional secrecy in terms of some of the information which has been provided to it by the Central Bank. These obligations have been taken into account by the committee and will affect the questions asked and the answers that can be lawfully given in today's proceedings. In particular, it will mean that some information can be dealt with on a summary or aggregate basis only, such that individual institutions will not be identified.

Members of the public are reminded that photography is prohibited in the committee room. To assist the smooth running of the inquiry, we will display certain documents on the screens here in the committee room. For those sitting in the Gallery, these documents will be displayed on the screens to your left and right. Members of the public and journalists are reminded that these documents are confidential and they should not publish any of the documents so displayed.

The witness has been directed to attend this meeting of the Joint Committee of Inquiry into the Banking Crisis. You have been furnished with booklets of core documents. These are now before the committee and will be relied upon in questioning and form part of the evidence to the inquiry. So with that said, if I can now ask the clerk to administer the oath.

The following witness was sworn in by the Clerk to the Committee:
Ms Mary O'Dea, former acting Chief Executive, Central Bank-Financial Regulator.

Thank you very much, Ms O'Dea. If I can invite you to make your opening remarks to the committee, please.

Ms Mary O'Dea

Thank you, Chair. Thank you, members of the committee. The committee has asked me attend today to give evidence covering the period when I was acting chief executive of the Financial Regulator. I was appointed acting chief executive in January of 2009 for a period of about three months initially. This appointment was extended a number of times until the newly-appointed chief executive took up his position in January 2010. At the time of my appointment, I held a statutory office of consumer director, a role I continued to hold throughout my year as acting CEO.

As consumer director, I was responsible in law for consumer information and consumer protection codes.

My period as acting chief executive of the Financial Regulator started on 12 January 2009 and ended on 4 January 2010. It was a crisis period on a number of fronts, including bank funding and liquidity, bank governance, investigation of legacy issues and putting a system in place to manage the bank guarantee scheme. At the time, the organisation itself was also in crisis with uncertainty around the restructuring of the Central Bank and the regulator and its governance. The financial crisis continued throughout 2009, internationally as well as domestically. Anglo Irish Bank was nationalised in January and the Government announced capital injections for AIB and Bank of Ireland. In April, the Government decided to set up the asset management company, NAMA, which would take larger non-performing loans from the balance sheets of the banks. Confidence in the regulatory system was at an all-time low. The system of supervision and regulation that had been in place internationally and in Ireland had proved to be inadequate. At the same time, significant new responsibilities had been assigned to the regulator associated with the bank guarantee. In addition, our investigations were producing new information on serious governance matters at certain banks. As acting chief executive, I, along with my supervisory team, took the following actions with the full support of my board. From the end of January, we significantly increased the volume and frequency of periodic reporting by each bank in the areas of profitability, impairment provisioning, regulatory capital, liquidity, lending and governance. This information formed the basis of a comprehensive quarterly report to the Minister. We introduced a more intrusive level of supervision requiring active and frequent engagement with domestic banks. Officers of the regulator attended meetings of the boards and relevant committees, such as the credit committee, of these banks to assess at first hand if governance practices were working and to send a strong signal to the banks that the regulatory regime was different and that our expectations were different. We monitored the strength and weaknesses of banks' governance systems and challenged banks where we felt that their processes were weak. A report on governance issues was also included in the quarterly report to the Minister.

I set up an interim management structure to help address the fundamental issues we faced in banking supervision. In January '09, I also advised the board that these arrangements were appropriate on an interim basis but that they were not a lasting solution. A more permanent organisation structure, of course, could only be adopted when there was certainty as to the new regulatory structure, including its governance. It was clear that the level of intensification required for banking supervision could only be achieved with the addition of significant extra resources. We increased resources in the interim to manage the crisis more effectively, recruiting an additional 20 staff, including specialist staff where there was a deficiency, such as credit and liquidity analysts. By the end of 2009 there was over 75 staff in banking supervision, 35 of whom were dealing with domestic banks. We also set up a special investigations unit with around 25 to 30 seconded staff at various times and initiated a number of investigations into some specific events which had unfolded in 2008. Part of these investigations were reported to the Garda at an early stage, while others continued throughout 2009 with a view to exercising the regulator's own administrative sanctions powers in respect of any regulatory breaches involved. We took care to ensure that the use of the regulator's enforcement powers did not jeopardise any action on the part of the gardaí. As some of these matters are now subject to legal proceedings, I cannot, therefore, comment further.

To summarise for the committee, during my period as acting chief executive the new approach to regulating the guaranteed banks included a significant increase in information reporting requirements, more regular on-site presence at each bank, periodic attendance at board and committee meetings, greater review and scrutiny of management information, more frequent meetings with key officers, requirements for and reviews of business plans and challenging and monitoring of key variables affecting these plans, heightened focus on governance structures and processes and the introduction of a code of conduct on mortgage arrears and a statutory code of conduct for business lending. We engaged with and challenged the banks regarding various revisions of their business models throughout 2009, as we considered how best to maintain a viable banking system. In addition, the sensitivities of their profits, capital and funding to various assumptions were challenged to ensure that the plan was robust. In meetings with senior credit executives, we consistently challenged the banks to make more realistic assumptions of the position of their loan portfolios.

During 2009, our focus was on crisis management, as we assessed the scale of potential problems. Early in the year, our governance concerns were directed at the institutions in most difficulty.

We set out these concerns in our quarterly reports to the Minister. For example, in June 2009 there were three banks who were seeking a new CEO, two who were seeking new chair, two seeking heads of finance and two without risk officers. For new appointments we applied a fit and proper test. This involved gathering information about a proposed person's qualifications, experience and personal history. Aside from the boards of the banks, in 2009 it was clear that the expertise of staff in the lending areas was focused on sales and not on arrears management where there was a pressing need for expertise. Furthermore, preparations for the transfer of loans to NAMA tied up the credit resources as this process was lengthy and complex. During 2009 we used our supervisory powers extensively. Seconded inspectors were appointed to carry out special investigations into possible breaches of law or regulatory provisions. Over 70 separate engagements were held with banks at the level of acting CEO, ten administrative sanctions enforcement actions were concluded in that year, and fines which were ... ranged from €7,500 to €2.7 million were imposed with one disqualification direction.

During 2009 the integrity of financial reporting gained heightened significance and in that year we fined one bank €600,000 for breaches of regulatory reporting. I believe it's fair to say that the supervisory teams were in constant dialogue with the banks during this time, probing the extent of their liquidity and solvency problems and addressing the emerging issues appropriately. In March of '09 to ensure that our staff would feel comfortable heightening their concerns where there might be areas of disagreement, I circulated a written procedure to staff relating to the escalation of significant issues. In June of that year, the Government announced the new regulatory structure and asked the chairman of the regulator and the Governor of the Central Bank to work together as much as possible in advance of implementing this new legislation. In any event, this was necessary since almost all issues relating to banking at this stage had some sort of financial stability angle. During 2009 there was one IMF Article IV mission to Dublin, which reported in June, and referred briefly to regulatory and supervisory initiatives that were already in train. The main focus of the report was of managing the fiscal situation and the establishment of NAMA and a special resolution mechanism. It also noted that Ireland needed to be guided by evolving European Union guidelines.

During my year as acting CEO in '09, the quality and effectiveness of policies and regulations both from a European and an international perspective had already been declared insufficient and reforms were well under way. For example, in February of that year, the de Laroisiére Group published its report. The EU Commission had sought the report in '08 to advise on the future of European regulation and banking. It formed the basis for many of the subsequent changes to European regulation and supervision. Certain specific findings of the report are worth recalling, and I'll mention two quotes from the report, the first of which I misquoted slightly in my written statement. It says that both by banks and supervisors there was "a misunderstanding of the interaction between credit and liquidity", and this led to "an overestimation of the ability of financial firms as a whole to manage their risks and a corresponding underestimation of the capital they should hold". Having learned from the international crisis, the regulatory model in Europe is now much more intrusive and challenging with the associated significant additional staffing in place. The Single Supervisory Mechanism has now changed the nature of banking regulation much more fundamentally in Ireland and elsewhere. Ireland, as part of Europe, will benefit from the changes in the European structure such as the single resolution mechanism, which allows for banks participating in the banking union to be resolved appropriately if the needs arises in an efficient and centralised way. And, most importantly, there is now a clearly defined mechanism for dealing with these issues, which will be very much recognised by the financial markets.

The banking crisis resulted in an enormous cost for Ireland and for Irish people. The Financial Regulator and the Central Bank did not take sufficiently strong action at an early stage in the build-up of the property bubble, which might have mitigated the worst effects. In the environment of the time, I have no doubt that had the regulator taken stronger action to restrict lending, this would likely have been unpopular, could have been questioned and criticised, and pressure could have been brought to bear to reverse such action. So, one lesson from the crisis is that the regulator, now the Central Bank, needs to be supported in making difficult decisions because for a regulatory system to be effective it will include taking preventative action at a time when this action is likely to be unpopular.

Ireland has now moved from a principles-based approach to an intrusive and challenging approach to regulation, and this is appropriate given the lessons we've learned from the crisis.

But we must be realistic in our assessment of what changes the regulatory and supervisory system can achieve. For example, in the US, which has a much more rules based approach, there was also spectacular failures of banks and insurance companies. There, many changes have now been adopted through new legislation and the conversation is not so much about more intrusive regulation but about stronger enforcement action, stronger consumer protection and changes to the culture of banks. There is no perfect formula for a regulatory system that would prevent financial crises and, indeed, no regulator can operate a zero failure regime. However, in working towards a better system, transparency and recognition of risk is, in my view, one of the most fundamental pillars of appropriate supervision. The relationship between risk and return rarely changes, so that a careful examination of the relevant profit centres of any financial institution is a key part of identifying where the risk is. It could be derivatives trading, commercial lending, credit card insurance but if the relative profit seems high, the likelihood is that there's an unknown or unrecognised risk for which the bank is being rewarded. The bank's board, first and foremost, and then the regulator should follow the money, especially seemingly easy money, to probe these risks, both at an individual bank level and at a system level, paying particular attention to the most extreme scenarios. Today, we are unlikely to know the genesis of the next crisis, so we need to have a system which can react quickly to changing circumstances, including domestic, European and international circumstances. And finally, we also need to be confident to bring issues to the international arena where we see fractures in the system that are best addressed by regulators collectively.

Thank you, Chairman and committee. I'm happy to answer any questions now.

Thank you very much, Ms O'Dea, for your opening statement and welcome again. If I can commence this morning's questions by inviting Deputy John Paul Phelan. Deputy, you have 15 minutes.

Ms O'Dea, and welcome. I have a couple of questions for you. Firstly, in relation to your predecessor, Mr. Neary ... he left the role in January ... 31 January 2009. Do you believe that he was forced out of the position at the time?

Ms Mary O'Dea

Mr. Neary resigned at that time.

What was the nature of his resignation?

Ms Mary O'Dea

Well, I think, Mr. Neary told you that in his evidence here. I've no further information in relation to that.

Okay. How would you characterise his period as chief executive of the Financial Regulator?

Ms Mary O'Dea

Mr. Neary was there in a period of principles-based regulation, so I think he followed the model of principles-based regulation that everybody bought into at that time. Clearly, that was inadequate.

Did you buy into yourself, personally, or was it just part of the ... I suppose it was the system that was in place at the time, admittedly, but did you ever express any reservation as somebody who was a part of that system?

Ms Mary O'Dea

I did buy into the system of principles-based regulation. It was the internationally ... seen as the best model at the time. At the time, when that system was in place, I had the role ... the statutory role of consumer director and actually I think principles-based regulation worked very well in relation to consumer issues because we were in a very new regime. We'd had no best practice to follow in relation to the super ... the supervision of the consumer issues. If you recall, it was issues of consumer failing around National Irish Bank and around DIRT issues that led to the set up of the consumer area. And if I may tell you how I think it worked better on the consumer area, we were able to build into the consumer protection code specific principles, such as you must act in the best interest of your consumer and we were able to codify that. So when we wanted to take an enforcement action in relation to a consumer protection issue, we could look at not just the particular rule that may have been breached but also the principle, for example, acting in the best interest of the consumer - that was also breached. So I think codifying those principles on a principles-based regulation on the consumer side actually worked extremely well. On the prudential side, of course, much more depended on very complex supervisory models and it was a completely different system.

A few notes just as you were coming to the end of your opening comments there where you stated that the bank's board should follow the money and large profits would signify greater risk. When did you come to that position in light of the fact that large profits existed in financial institutions, particularly in some forms of the financial institutions, in the period in which you were working in the regulator? Did you change your view to that being a new position for you or is that ... was that always a position that you held?

Ms Mary O'Dea

Well, let me say in relation to my period in the ... of the regulator from 2003 right up to 2008 before I took on the position of acting chief executive, my role in law was as consumer director and that was my statutory function. And at that stage, precisely what we did do was look very closely at credit risk. So we looked at areas where we thought that there was problems; the build-up of credit was one. And seeing that, we built into our consumer protection code the concept of suitability in lending which didn't exist anywhere at the time. And that included affordability, so we introduced the concept of affordability. We also banned pre-approved credit cards. Prior to that, 42,000 customers a month were getting some ... a letter in their door saying you have been pre-approved for extra credit. We banned those completely. We also introduced requirements in respect of consumer protection loans so that if you consolidated, you know, your car loan and holiday loan and all of that into one, the provider was then obliged to tell you precisely how much extra this cost. So we introduced that requirement and we issued a number of warnings in relation to credit. You recall in 2006 when the SSIAs matured, a lot of people were getting large sums of money then. We were the only people who said, "Please use your money to pay down debt", and pointed out to consumers that this might be a good idea rather than use it for a different type of investment product.

So in my role as consumer director, I believe that's a principle that I followed a lot. Having said that, I would also say that reflecting back now and listening to all of the various groups internationally saying what went wrong in the crisis, I do think that sometimes we make matters much more complex than they need to be. And that's why I was thinking to myself that we can boil it down to be a lot more simple. And I think that a lot of what we were doing on the ... in the prudential area was looking at extremely complex models rather than focusing on these more simple issues.

I want to briefly return again to the time of Mr. Neary's departure. I asked him a question about it when he was a witness before the inquiry. I want to reference him correctly. He stated, ''An issue in relation to a corporate governance matter in a particular bank which I think reflected poorly on the authority'', was the reason for his departure. Do you have anything to ... anything more to add to that or anything maybe with regard to wider corporate governance issues in relation to the Financial Regulator and their role with banks at the time?

Ms Mary O'Dea

No, I have absolutely no insight into that. I wasn't involved in any of those discussions or, you know, in any discussions Mr. Neary may've had about that.

When you were appointed as the chief executive, what were the key issues you felt needed addressing to enhance the quality of the Financial Regulator?

Ms Mary O'Dea

It was an extremely difficult time. I remember moving from the consumer building was separate. I remember physically going into the 7th floor building in the Central Bank and reflecting on all of the issues that needed to be addressed. Obviously, the key thing was the banks' liquidity and the capital position of the banks. That was the key issue that we were focused on. But as well as that, the organisation itself was in extreme crisis and the people that I was then asked to lead as the chief executive were in an extremely difficult situation. Many of them had worked in the regulator, which was a great of ... great sense of pride and public interest working there and now they were filled with doubt and questioning so ... and at the same time working all of the hours day and night to make sure that they stabilised the situation. So actually I think giving leadership to the organisation to carry out its extremely important role during the crisis period was a key priority of mine. Also, bearing in mind that at that stage I thought I would be in the seat for three months so I was trying to look at it from that point of view ... what could we best do at that stage? And then most particularly there were a number of very specific investigations, the details of which I won't go into for legal reasons, that had to be started and that we had to make sure that we did appropriately and very thoroughly. So there were a number of issues and that's really focusing on the banking side. Remember the organisation is vast and I was also holding the position of consumer director and mortgage arrears were a serious issue for people at that time.

Did you advocate a more rapid clear-out of management, senior management and directors from the commercial banks in your time as acting chief executive?

Ms Mary O'Dea

Well, as you can see, it was a very difficult time in terms of governance. There was a major turnover going on in relation to governance, which meant that institutions were left with not an appropriate governance. They were missing a CEO, they were missing a chair, they were missing a chief risk officer for quite a period of time at precisely the time where you needed these institutions to be operating at their most effective in order to be able to bottom out the position of loan arrears and deal with liquidity issues and sell off assets and take serious decisions there so-----

That's fair enough but I'm asking did you advocate that there should be a change of senior management at board level? That's the question I'm asking you. I'm not asking were the positions vacant or not. What was your position?

Ms Mary O'Dea

Well, I think my position was that anybody who was holding the positions at that time, or probably more relevant, who was proposed to hold the positions, the new positions at that time, needed to be looked at thoroughly from the point of view of their fitness and probity to do that job.

Did you have a stated position with regard to whether there should be management clear-out at the highest level in some of the worst affected financial institutions?

Ms Mary O'Dea

I certainly wouldn't put it that way. I would say that it was a question of making sure that those who held the position were appropriately fit and proper. And, of course, there is a legal process that one would need to do to achieve that and ... as opposed to approaching it with any prejudice.

Did the staff at the regulator believe that the Central Bank should have taken a more active role in banking supervision at that time?

Ms Mary O'Dea

In 2009? Did my staff feel that we too should be taking more-----

Did they believe that the Central Bank should have taken a more active role? Because we, I suppose, heard evidence from previous witnesses here that the Central Bank, potentially at least, had a function that it didn't choose to take up. Was there a view within the regulator that that role should have been taken up or was it ever discussed?

Ms Mary O'Dea

Yes, absolutely it was. As I said to you, I think the organisation itself was in crisis. There was certainly a feeling of blame and there was definitely a feeling within the regulator that the Central Bank should have seen the broader systemic issue, and I'm sure a feeling within the Central Bank that the regulator should have seen the more micro-prudential-type issues. So yes, there was that feeling.

I want to turn to a quote that's been given by several members of the committee to different witnesses from Shane Ross's book, The Bankers, the prologue, 26 November 2008, page 1. It's about a gathering that took place some place around St. Stephen's Green and the banking crisis:

The banking crisis was at fever pitch. The nation's finances were in peril but Ireland's banking elite were celebrating in a private room in a discreet hostelry near Dublin's Stephen's Green.

You were reported as being one of those who was in attendance at that particular event. Is that correct?

Ms Mary O'Dea

I was.

Do you think your attendance, now, was ill-judged?

Ms Mary O'Dea

Well, to be honest, I was there in my official capacity as consumer director. I had been at many functions from tea in citizens information centre to the ploughing championships to a banking function or an insurance function, all in my official capacity. None of those ever affected my ability to do my job.

Do you think it was appropriate, six weeks after a bank guarantee where the taxpayer effectively, almost giving a blank cheque to financial institutions, that you in your role in the Financial Regulator should have been wining and dining with bankers from those same institutions in a hostelry not far from where we are sitting now?

Ms Mary O'Dea

Well, as I say, at the time it didn't strike-----

It is not a senior citizens-----

Allow time to answer as well now.

I just want to say it's not a senior citizens gathering or whatever ... a citizens information-----

The point has been made, Deputy Phelan. I need time to respond, and you've got questions to cover as well. Ms O'Dea.

Ms Mary O'Dea

The point I was making to you was that I was at many functions in an official capacity. None of them affected the ability of me to my job, in any way, nor did they compromise my integrity in any way.

You think it was absolutely appropriate that you and all of the leading bankers should have been gathered at that particular event on that evening? You don't see any conflict in that position?

Ms Mary O'Dea

I think the timing was very difficult as ... as you now say it. But I would be very, very clear to say that no function I was at, and I was at many, as Deputies and Senators are at many ... none of those was any endorsement of any organisation that would be holding it as it wouldn't be in anybody else's case, and it certainly didn't affect my integrity or my ability to do my job.

I suppose there would be a hope, maybe, amongst the general public that regulators would do their role and bankers might have a separate role from regulators. And I want to ask you, did you have many social gatherings with leading bankers in your time working in the Financial Regulator? I'm not talking about the ploughing championships now, or other events like that. Were there other occasions when such gatherings, or similar gatherings, took place during your time with the regulator?

Ms Mary O'Dea

No, I can't recall any. I mean, there was, for ... annual events, the insurance industry or the banking industry would have annual events that everybody would be at, the ... including the Minister, the Ombudsman, various other people like that. But as I said, all of those were official functions and I was there in my official capacity.

I want to be-----

A question, now, Deputy.

I want to be clear. I'm not trying to cast any aspersion but what I am, I suppose, saying is that there would be some reservation among the general public that six weeks after the guarantee that particular gathering took place in the centre of Dublin, and such-----

Ask your question now, not a statement.

I'm getting to the question, Chairman.

You are going to run out of time.

Such a gathering of leading bankers and regulators and others took place. Do you have ... just in my remaining few seconds, do you now, with hindsight, believe that you should have been at, or the others from the regulator, not just yourself, should have been there in the room at that particular social gathering?

Ms Mary O'Dea

The issue was that the chairman was resigning, he had been very ill. So the function should have been way before that. It was to mark that particular capacity. I went there in my official capacity as consumer director, as he had been my chairman. And it certainly didn't affect my ability to do my job in any way.

Just to clarify one matter before I bring in Deputy Higgins, Ms O'Dea. You were on the IFSRA board authority from 2002, yes?

Ms Mary O'Dea

As consumer director, I was an executive member of the board, that's right.

And were you on the CBFSAI before 2009?

Ms Mary O'Dea

No.

You came after-----?

Ms Mary O'Dea

No, the consumer director post was only on the regulator board.

Okay, thank you. Deputy Higgins.

Yes. Ms O'Dea, can I ask you, when you were consumer director, and in the period of the development of the bubble, do you think there was a shortage of people and skills in the banking supervision department at that time and, then as you went on to chief executive in February 2009, what was the situation then? We had in evidence from Mary Burke, for example, that three staff were supervising AIB and IL and P together, and a further three, Bank of Ireland and Anglo. What was your view of that situation?

Ms Mary O'Dea

Well, I wasn't directly involved in proposing the resources on the prudential side. The way the process worked was that I consulted with my team in the consumer area and we figured out what was the appropriate resources that we needed, pay and non-pay, to do the job. There was a similar exercise done in the prudential area. And then we proposed those resources to the budget committee at the time. Now, my interactions, if you like, with the budget committee in terms of resources, I do recall that the prudential area were looking for more staff. I do recall that, at some stage, it could have been around 2007-2008, it was a significant amount of staff, and I remember when we went to the budget committee to discuss that large increase in staff. And I think there was a couple of issues, as I recall it, going on with the budget committee. That, while they had no objection per se to additional staff in the supervision area, that they wanted to be convinced that there couldn't be efficiencies gained from the organisations. For example, in relation to IT or shared services-----

Who is this now?

Ms Mary O'Dea

This would have been a theme. This would have been, certainly in the later years ... but I think there would have been a bit of a theme maybe for the last four or five years where the committee would ... wanted to be assured that we were taking all efficiencies in terms of IT and shared services. We shared some services with the Central Bank and the committee wanted to make sure that there wasn't any duplication. That was one issue. And, in fact, I think the reason that the committee thought it was a good idea to commission Mazars was precisely to get to the bottom of that and see were there efficiencies that could be gained.

If I may ask you ... a bit earlier than that, in the course of the bubble being blown up, which was quite a feature publicly in the newspapers and certainly you would have been in a central role in the regulator - I mean, you were on the board all that time - was there no alarm bells going off in relation to the amount of lending, the price of homes, the type of speculation, profit maximisation that was going on that rang a bell, that there should be more supervision?

Ms Mary O'Dea

The discussion at the board - after the budget committee - was generally to report on what resources were being allocated and what that would mean for the increase in budget at the time. That was really the discussion that took place at the board but also it is important to recall, I think, that if this was a model of principles-based regulation ... this was not a model of intrusive regulation and I think you'll see that later the Mazars report had said that resources were just about right in terms of that particular model which, of course, by the time Mazars came along, we were not implementing any more. So it was in a completely different context, I believe. If I may just though say that the second thing, I think ... affected the thinking within the budget committee was the inability to actually fill the vacancies that was there, so that there was really no point in approving additional vacancies when the ones that were there weren't actually filled. So I think that was the second part of the issue. And that's why ultimately, I think, they commissioned the Mazars report and they asked the deputy director general of the Central Bank, who was responsible for filling the various positions within his line of reporting, to attend the board meetings.

Can I refer to the evidence ... core document page 54-----

Ms Mary O'Dea

Is it in the first booklet or the second one?

Ms Mary O'Dea

Vol. 1.

And it'll come up on your screen there. The bottom half of that page ... this relates to discussions on various committees about staffing and it is 2008 when alarm bells were going off in relation ... and yet there seemed to be a discussion here on staff saving, cutbacks. Can you tell us what's that about?

Ms Mary O'Dea

The context actually there is that in 2008 you'll recall that there were many measures being introduced by Government in terms of cutting back public sector pay generally. Now the Central Bank and the regulator are independent of Government but nevertheless, the tradition has always been if there was a public sector change in pay that the regulator and Central Bank would follow that change in pay and they had committed to delivering the savings of ... I can't remember, was it 10% or something like that of the pay bill ... I can't remember what the specific amount was. But they had committed to delivering the same savings that the Government Departments were being asked to deliver within their own budgets. So that was, if you like, in the context of the various austerity measures being introduced in 2008.

Ms O'Dea, at a time when it was clear that far more supervision and staff essentially was needed, was the pressure for the opposite to happen?

Ms Mary O'Dea

Well, I think that's a very good point because what actually was happening there was we didn't know at that point whether or not there would be a single unified Central Bank, whether there would be a separate regulator or new regulator; the board of the regulator did not know whether it would still be there. So that was a time of great uncertainty. You'll see on the next document just across the page, when I was appointed in 2009, I did bring it to the attention of the audit committee that this was a significant operational risk operating with such stretched resources and actually it wasn't until 2010 that those resources, in fact, were approved and came in.

And if you just go to the next page then, Ms O'Dea ... 56 of the same document.

Ms Mary O'Dea

Yes.

Remuneration and budget committee and all subcommittees, it relates to the period around 2010, or projections for 2010, 2012: "The complement [of staff] should be augmented by 275-300 staff to ensure appropriate supervision of regulated entities". Quite a significant increase. Did you have any feeling at that time of, you know, the horses were away over the horizon, that it was a pity that these extra staff weren't put in during the bubble, for example?

Ms Mary O'Dea

Well, during 2010, I had finished my period as acting chief executive, so I actually wasn't in that role at the time, it was my successor, but absolutely, I think throughout 2009 one of the very frustrating things of being in an acting role, when it was renewed every month, the position was that I wasn't in a position or didn't have the freedom to take in more resources, starting from a higher level and then setting the shape of the organisation. It was quite clear - though, as you say, although it was too late to prevent what had happened already in Ireland - it was still absolutely necessary and is absolutely necessary that we have this more intrusive model for the future. I think we've learned that.

Can I ask you in relation then to the period around the bank guarantee, did the Financial Regulator carry out any additional investigation or analysis after the loan book analysis that was conducted by PricewaterhouseCoopers into a number of the key banks?

Ms Mary O'Dea

I wasn't involved. At that stage, I would have been the consumer director and my role around the guarantee was very specifically in relation to consumer information. A lot of people were very worried about their savings and we would get phone calls at about five times our normal phone calls of 100 calls a day, so it was up to about 500, people worried about their savings, and so myself and my team were trying to provide appropriate and correct information because the situation was constantly moving and also preparing contingency plans with the retail banks at line level to make sure that there wouldn't be a large retail run on a bank. So, my role was very much around the consumer issues at that time.

Yes. Now, you say, when you became acting chief executive officer that a more intrusive approach was being adopted by the Financial Regulator with regard to getting into the banks, getting the information. What was the attitude of the banks to this new approach?

Ms Mary O'Dea

Well, I think the banks themselves were actually in crisis at the time and there was a bit of friction, certainly, in terms of the approach that we would take because not only were we carrying out what you might call normal supervision but most of what was going on in that year was crisis management, stabilising the issues and, in particular, really examining the capital position of the banks. The more we drilled into the loan books, the more we could see difficulties in terms of provisions.

Ms Mary O'Dea

So there was a lot of ... I would call challenge with the banks during that period.

In page 5 of the written statement that you submitted in advance, the top of the page, you say:

My recollection is that the relationship with some banks was somewhat strained ... Sending a full investigative team into Anglo elicited what I believed was a defensive response, and early in the investigation I required the full Anglo board to meet with me.

Can you tell us about that?

Ms Mary O'Dea

Well, one of the priorities when I became acting chief executive was to investigate very thoroughly the issues which had arisen, some of which were in the public domain at that time and others of which we were aware of. So, I sent a team into Anglo to do that. We seconded officers because we needed people with special forensic skills and we seconded them in and sent them in immediately. I was surprised at the attitude that Anglo took in relation to those inspections. For example, at all of the inspectors' meetings, initially, there were stenographers and I'd been a long time around supervision and I'd never come across somebody having a stenographer at an inspection meeting and it slowed the process quite a bit for us.

There was also a lot of claims of legal privilege, which of course people are entitled to do, over documents. But it seemed to us that they were, they were very frequent and they were very much slowing the process. And we believed that it was in the best interests of the country to have these issues investigated thoroughly in a speedy fashion. And-----

How did you respond to that situation? Did you go to the board?

Ms Mary O'Dea

I asked the entire board to come in to a meeting in the regulator to address it with them.

Did the situation change? Was there more co-operation then?

Ms Mary O'Dea

The situation improved after that.

Okay. Ms O'Dea, on page 7 of your opening statement, second paragraph ... last few sentences, you said: "In the [United States], many changes have been adopted through new legislation and the conversation there is not so much about more intrusive regulation but stronger enforcement action, stronger consumer protection and changes [in] the culture of [the] banks." In relation to all that has happened here and by common consent, the disastrous consequences of reckless lending that has been alleged, do you believe that legislation should be changed in this country to provide for jail sentences, for example, for serious breaches of financial rules and regulations that should be upheld?

Ms Mary O'Dea

I think its very clear that specifically in relation to banks, the consequences of what can go wrong are so deep and significant that the stronger the enforcement action that you can take and the more that the law backs you up in terms of taking that, the better. Yes.

Yes. Do you think that there should be legislative changes to provide quite strict sanctions on financial institutions or those who run them, including jail sentences, when society's well-being, the well-being of the majority, can be put at risk by their actions?

Ms Mary O'Dea

Yes, and I think if we look at other areas, you know, whether it's the medical provision in the drugs area or anything like that, I think there are very, very significant consequences when somebody behaves inappropriately or in a particular way as set out in the legislation. I think that has to be very carefully set out and I think, as you said yourself, the consequences are so significant that there should be a greater consequence for doing it incorrectly.

Lastly, Ms O'Dea, you were consumer director, that means that you, your role would have been to stand up for the ordinary person, so to speak, in the whole period of the bubble. Now looking back on it, whose interest do you think was served mainly by the financial institutions over that period of time? Was it the interest of profit-seeking private institutions? Did that predominate over the interests of ordinary people? That's question one. And question two is-----

That can be a supplementary. I'll be bringing you back in again so, if we maybe stop at question one and we can take question two as supplementary.

Do you think it's appropriate that profit seeking to that level should prejudice society and people's interests so much that that should be allowed?

Ms Mary O'Dea

Well I think, as you said, I was consumer director and my role was set out in law, broadly speaking, to provide informations to consumers. I believe I acted as a strong advocate for consumers during that time and provided appropriate information to them, specifically in relation to credit issues as well, and also to set out codes and enforce those codes and again, I believe that I did that. I think you'll see in the Mazars report it suggested that the consumer information could be seen as best in class. However, I do believe that the actions of the regulator and Central Bank were not adequate to prevent what ultimately happened and I regret that.

Ms O'Dea, the regulator's office has responsibility for regulating financial institutions with a principle-based approach and it had a consumer protection aspect to it as well. Were you the senior consumer protection person in that structure?

Ms Mary O'Dea

My role was as consumer director, as set out in law. So it was a specific function set out in the legislation for me, and I don't believe there was anybody else who had that specific legal function.

During your time, we saw 20-year mortgage schedules, which were the standard mortgage schedule at the time, going out to 30 to 35 years. We saw loan-to-values rules changing quite significantly and we saw 100% mortgage products being actually introduced. Did you issue any guidelines on affordability of mortgages or at any time did you express an opinion with regard to 100% mortgages?

Ms Mary O'Dea

Absolutely. When 100% mortgages were introduced, we issued new information in relation to that. We warned consumers about negative equity and how you could build up negative equity in relation to that, and we talked about affordability. But I will also say, Chair, that at the time of the 100% mortgages, when they were introduced and the discussion, I actually felt it was the wrong discussion, because there were 80% mortgages that people couldn't afford, and that the issue was really about affordability. And there may be some people who had, you know, many means that could afford 100% but the issue to me, from a consumer perspective, was much more about affordability.

Yes. And that was your communication to consumers. You were also a member of the IFSRA at that time. What was your communication with them?

Ms Mary O'Dea

Well, my capacity on the board of IFSRA was as consumer director and my functions, as I said, were set out in law and that was how I carried out my functions at that stage.

But at any time during that period, did you say at that board that: "There are concerns with regard to the duration of mortgage schedules, there are concerns with regard to loan-to-value ratios, there are concerns with 100% mortgages, and so forth, and we need to act upon them in a structural capacity, not just advise customers or banks to be mindful of these products"?

Ms Mary O'Dea

The board would have been well aware of both the codes and the information that we produced for consumers at that stage.

That's not what I'm asking you, Ms O'Dea.

Ms Mary O'Dea

I'm sorry, Chair. Can you ask me again?

I'm very, very clear about ... you're very clear here as to what you communicated to potential customers-----

Ms Mary O'Dea

Yes.

-----of bank products. What I'm asking you is that you stated that you had an awareness of those, you were advising customers in the market as to your concerns about them, but you were also a member of the Irish Financial Services Regulatory Authority - you were on the board. What action were you advising the board to actually take, that it could go into banks or put measures in place or issue guidelines or put structures in place to deal with these concerns?

Ms Mary O'Dea

The action that I advised the board was the action that we actually took. So the action that I advised the board was in relation to we need to set out codes and rules and we need to provide information in my capacity as consumer director. So that's what I advised the board. I didn't advise in relation to prudential issues at all.

But what were the guidelines and the rules because the 100% mortgages continued? It wasn't until 2009 that we saw significant changes by the Central Bank with regard to how mortgage values were done, how income ratios were looked at, how we saw recommendations with the reduction schedules and all the rest of it. So before 2009, what was actually happening?

Ms Mary O'Dea

We had a number of issues actually in the consumer protection code. The most important of which was suitability. Suitability used to apply just to investment products but we applied suitability in the consumer protection codes to lending and we wrote to firms within that to explain that that meant affordability and that when they were lending, when they were giving loans, they had to check affordability And we also, for example, in relation to mortgage brokers we carried out a specific investigation in relation to the falsification of P60s-----

Ms Mary O'Dea

-----where there was mortgage brokers giving out loans on the basis of those P60s. So we had specific rules ... and the other one was in relation to consolidation of loans ... sorry, Chair, I think you wanted to ask me again.

Ms ... did the construction of a P60 ... or, putting inaccurate information into a P60, that's a criminal act. We knew that. That existed on the statute books ever before you came to work in this job. What I'm asking you is: what actions did you take with regard to the non-criminal aspects of banking lending practice? The adjusting of a P60 is a criminal act.

Ms Mary O'Dea

Sure.

The non-criminal aspect, the day-to-day banking behaviour, what were you doing? Were you saying that we need to go in and take a robust issue with these 100% mortgages, we need to take a robust position on these loan-to-values, we need to take a robust situation where people are now moving from 20 years nearly out to their entire working lives to pay for their mortgages?

Ms Mary O'Dea

Yes. We did a lot on that, I believe, Chairman, in the rules ... specifically in the rules that did not exist before we came in and introduced them, and the first of the rules was the rule in relation to suitability of lending.

And lest there be any doubt as to how institutions would interpret that rule, we wrote to them specifically to say that ... what suitability would mean, and when 100% mortgages were introduced, we also wrote to institutions saying, ''Please look very carefully at the suitability rule, if you are selling somebody a 100% mortgage that they ... you have to; with the rule that was enforceable, that you have to make sure that that rule is suitable.''

And when you talked about the lengthening of mortgages moving out to 20 or 30, we did act specifically on that and we codified and put into the code that if people were wrapping up loans making them longer, therefore, adding to the cost of the loan, that that had to be pointed out to the consumer ... within it-----

I'm not talking about the consolidating loans; young people going in to get a mortgage from the get go were moving into 35 years. It wasn't a case that they had a mortgage and a holiday home, and a car, and maybe a credit union loan, and it was all being bundled into one. New home owners coming into the market were buying homes at eight and nine times their average incomes, which was an increase. They were moving ... buying mortgages that were moved from 20 years out to 35 years. They were being presented with 100% mortgage products and there were a whole host of other measures. I'm trying to get a clear picture from you. Did you direct banks or did you advise them, or did you say: "We're going to bring in a law to stop you from doing this"?

Ms Mary O'Dea

We produced a law, code, whatever you want to call it enforceable-----

Well. there's a difference between a code and a law, Ms O'Dea. A law is something that is enshrined in statute and is a criminal act if it's violated. A guideline is something that, we, we would like you to do this and we'll talk to you more about it if you don't.

Ms Mary O'Dea

This was not a guideline. Under the law as set out, we were allowed to set out what was called a code, but actually it was enforceable by a fine up to €5 million. So, it was an enforceable code. And that enforceable code was in relation to suitable lending. So, if somebody was getting a mortgage for example, of 35 years that they clearly couldn't afford, then the institution would be in breach of the suitable lending requirement.

Final question on this. Did it work? And then I'll bring in Deputy McGrath. Did those measures actually work? Did it stop mortgages going up to 35 years? Did it stop income ratios increasing where people buying a home for the first time would have been traditionally buying a home in three to four times their household income were now buying it on ten times plus? Did your intervention into the banks in that regard work?

Ms Mary O'Dea

Well, I think clearly consumers have suffered, but I do believe that that rule worked to the extent that it came in in 2007. Unfortunately, it was too late. I believe it should have been brought in earlier. We had to carry out regulatory impact analysis in relation to those rules and that delayed it. And I think if it had have been brought in earlier, that would have been better.

Deputy McGrath.

Thank you, Chair. You're very welcome, Ms O'Dea. Can I start by asking, prior to 2008 the regulator had proposed a number of initiatives to impose more explicit requirements on banks such as directors' compliance statements, corporate governance guidelines and fit and proper requirements. What was your view of these initiatives, and can you describe the circumstances in which the board chose not to implement the original proposals for these initiatives?

Ms Mary O'Dea

Yes, thank you. I have looked back over those - the various initiatives that came in. To be honest, most of the issues that came to the board ... as I said, I was there at my statutory capacity as consumer director and I would have looked at them from ... through that lens. With the benefit of hindsight, they should have been brought in earlier. I think probably in a couple of cases the issue was over-complicated, so for example if I take the case of directors compliance statement, there was a similar provision being brought in in company law, and there was a lot of toing and froing as to whether or not the provision that the regulator was bringing in was cutting across that, or was not in line with that. And I think the issue was actually, now that I look back at it, made much more complicated than it needed to be. I think it was also impacted by the, the statutory role ... that had been built in in relation to the growth of financial services where the regulator didn't want to introduce something that was uncompetitive. So I think that also affected things, but as I look back at those, they should have been brought in earlier. And actually, I contrasted with later in 2009, when we took a different approach in relation to directors' loans and related party loans, were we knew their was a provision coming in under company law and, nevertheless, we moved ahead quickly and brought in the provision as the regulator. And that was more onerous than the one in company law, but we still felt that was appropriate.

Ms O'Dea, did principles-led regulation die on the night of the bank guarantee?

Ms Mary O'Dea

I think principles-led, or principles-based regulation was clearly inadequate. Certainly from 2009, there was no question of principles-based regulation. We were carrying out much more intrusive regulation, as was, I think, every regulator across Europe and the world changing the way they did things

Was there a formal decision to move away from principles-led regulation and to move into more intrusive regulation which you have described?

Ms Mary O'Dea

Actually no, there wasn't a formal decision ... no there wasn't a formal decision to do that. In fact, in 2009, and it's very hard to recreate this, it was extremely ... crisis management and trying to stabilise the situation so there wasn't a pause to set out a strategy and ... the practice changed. And, indeed, it would have been inappropriate to set out a strategy at that stage because I was effectively there for three months until a new chief executive came in, so there was a sequence of events to decide the strategy for the future, but practices had changed-----

And was it your decision and the decision of the board to change the nature and the practice of the regulation early in 2009?

Ms Mary O'Dea

Well, certainly I had changed it, certainly I don't think anyone on the board was buying into a principles-based regulation at that stage. So, I don't recall a specific decision being made, but there would have been no question of operating any other way than in a very intrusive way. And if you recall, what we were doing at the time in relation to the banks required daily and frequent contact ... contact at that stage, it was extremely intrusive.

So, principles-led regulation was no more in early 2009. Is that your testimony?

Ms Mary O'Dea

That would be my, my feeling, yes, during the year of 2009. Now I should add, though, that it was very difficult to do the more intrusive regulation without having the resources at that stage, and there was a sequence there in terms of, first of all, getting the governance of the regulator correct ... we didn't know whether there was going to be one board, two boards, how that was going to be set up. Then we got a new Governor. Patrick Honohan came in, then the chief executive was appointed, and then the strategy and resources flowed. So there was a natural sequence there.

In April 2009, the Government announced the initiative to establish NAMA. Were you, as regulator, involved in that decision, or advising the Government as to what the consequences might be for the banks of setting up an asset management-type agency?

Ms Mary O'Dea

That was very much a Government decision, but I was at meetings in the lead-up to that when it was discussed, how it would work, if it would work ... and, you know, what best practice might be elsewhere.

And did you believe that it was an appropriate decision? Did you believe that the idea of cleansing the balance sheets of the banks of bad loans, dealing with the uncertainty about bad debts in theory improving liquidity and credit flow, did you think it was the right idea? Or did you believe that those loans should have been left on the balance sheets of the banks?

Ms Mary O'Dea

I, I believed it was absolutely the right decision at the time. Again, at the time, we were very much fighting to keep the banking system alive. Liquidity was extremely stressed at that time ... and dependence on the ECB was, was increasing. It doubled over the course of 2009, so some radical solution was necessary, and yes, I thought NAMA was the appropriate one.

And did you ever envisage that the NAMA initiative would ultimately expose a €42 billion hole in the balance sheet of the banks?

Ms Mary O'Dea

Well, I don't think it was the NAMA initiative that exposed that hole-----

It didn't create it but-----

Ms Mary O'Dea

Exactly.

But NAMA, ultimately NAMA paid €31.8 billion for loans with a face value of €74 billion. So there was a shortfall of €42 billion which the taxpayers had to plug then through recapitalisation. So, did you ever believe in early 2009 that the NAMA initiative would result in, in that type of a shortfall?

Ms Mary O'Dea

No.

NAMA didn't create it, but-----

Ms Mary O'Dea

That's right.

... it exposed it, it allowed the full extent of it to be seen of the losses.

Ms Mary O'Dea

I certainly did not believe that the losses would be of that extent, no.

Senator O'Keefe.

Thanks Chair. Ms O'Dea, can you comment on the initial State investment of €4 billion in June 2009 into Anglo, compared with the eventual total injection of €29 billion?

Ms Mary O'Dea

Comment in ... in what way Senator?

Well, I mean, do you have a view as to how it got from €4 billion, which seemed to be the figure that was recommended, and then, ultimately, we stepped up to €29 billion? Do you have a view or an opinion?

Ms Mary O'Dea

Well, I think throughout 2009 one of the issues that we were most focused on was the quality of the loan books and the portfolio analysis, and as we drilled further and further we could see that there was more and more difficulty.

And I think that's really how that evolved. And I think the situation in relation to Anglo had been complicated by all the other issues that were going on at the time. But I think it was the size and scale of the loss escalated over the period of time. It was necessary, of course, to have ... because despite the fact that Anglo was nationalised, our regulatory relationship with Anglo didn't change in any way. So we still had regulator-to-regulated relationship and the solvency of Anglo was extremely important in terms of providing liquidity because we couldn't allow it to trade or provide services at all unless it was actually solvent.

Did that kind of drilling occur with your own efforts from ... from the Financial Regulator's office or did you need to bring in additional assistance or specialists?

Ms Mary O'Dea

We did bring in specialists. We brought in two types of specialists. We brought in auditing specialists and we also brought in valuation specialists. And I think it was really with the two of those working together, particularly the valuation specialists, that allowed us to get a much, much better understanding. And actually, one of the things that I noticed clearly in 2009, when we did actually bring in particular types of very specialist staff into the regulator, the value of those staff in terms of being able to even have that conversation with the banks of the type of land, the value of land, what type ... of whether it was land bank or whether it was close to development or anything like that ... those conversations, to me, became much richer and much more meaningful when we had our own specialist staff in those areas.

And so it's fair to say that the lack of that kind of specialist staff prior to 2008 was then much more obvious that there hadn't been that kind of staff available or perhaps we might have had of information at the time when things went south?

Ms Mary O'Dea

I'd say both. I'd say the lack of staff but also the model, because there would've been no question of drilling down to those kind of conversations in a principles-led environment.

You mention that when you became chief executive ... acting chief executive, you had to also, along with all the other things you did, authorise key investigations. Now, I know you can't discuss the detail of the investigations but you can, I think, tell us, who was investigated and broadly, what was the ... I mean, you could be investigating any aspect, so could you give us some broad idea of who and what that ... those investigations entailed?

Ms Mary O'Dea

Well, I will be very careful-----

Ms Mary O'Dea

Yes. So, one of the issues would've been in relation to directors' loans in a specific institution. The other would've been in relation to back-to-back loans. Again, relating to two specific institutions. And the other would've been in relation to the insurance company involvement with a particular bank.

How would you describe, given that you were there ... how would you describe the days and weeks that led up to 2008, just in terms of being in the Financial Regulator's office? Just paint a picture for 30 seconds of what it was like.

Ms Mary O'Dea

It was ... it was absolutely crisis mode ... very much crisis management. My particular role was in relation to the consumer area and we were on the phone constantly to each other updating the information, because we had to very careful that the information we gave to consumers was exactly right. We couldn't simply say, in a trivial way, "Your money is safe". We had to actually say precisely what that means, precisely what was guaranteed. You'll recall the deposit protection scheme increased over that period of time, so we had to make sure we gave them that information very, very quickly.

And the other issue was, having seen Northern Rock, our focus on the consumer side was not on the wholesale run that others might've been looking at but very much on the possibility of a retail run, queues forming outside of a bank and what that might do in terms of a visual. So we were extremely worried about it and we were constantly ... we ... you know, we got a phone call to say, there was a photograph of a bank, you know, with two people standing outside, we'd immediately be on to say, "Please rectify the situation". And then, on the consumer information line, we had to pull staff to make sure that we could answer ... because a phone ringing out would send a really signal. So we had outsourced that service but we had to make sure we increased our capacity in relation to doing that.

And then, the other issue I remember is, on the day after the guarantee, we had about 15,000 visits to the website. So nowadays, of course, a lot of people get their information from the website ... 15,000 people ... we'd 1,000 calls ... and again, we were ourselves trying to understand precisely what the guarantee meant for consumers and we had to portray that information in an accurate way. So it was continuous, really, all through 2008 and into 2009.

Yes, and then finally, at what point do you believe that the damage, if you like, was already done. We've had witnesses who said that by 2005, if you like, the damage was already done in terms of what could be fixed. Is that ... do you share that view?

Ms Mary O'Dea

Well, looking back on it, and with the benefit of hindsight, it probably was around 2005, 2006, at that stage, I would say. But that build up ... that failure to spot the build up of the credit bubble, to me, was one of the most significant issues.

Senator D'Arcy.

Ms O'Dea, you're very welcome. You were party to the implementation group of regulatory structures during 2009. What were your views on the changes that were subsequently implemented in Central Bank Reform Act 2010?

Ms Mary O'Dea

Yes. I wasn't actually part of the group but I introduced some of the background. Do you mean the document that's in the pack?

Ms Mary O'Dea

Oh, sorry. Okay. So the ..., I think the legislation was very good. I think bringing everything back within one organisation had to be done because something had to be shown to revive confidence in the system. Something different had to happen. But I would also say that I don't think the structure, of itself, was actually a major causal issue because, I think, even in a new organisation, in a single organisation, you're still going to have two specialist areas - one looking at financial stability issues, one looking at micro-prudential issues. And if those two areas don't have absolute clarity of role and don't work together very well, then, I think, you can the same problem. So while I think changing the structure is a good idea, I think that that wasn't, of itself, the same problem. And if I may add one thing, because I wouldn't be true to my previous role as consumer director, if I didn't say that I thought it was also very important that the new structure retained the two pillars: one of setting out the enforceable codes, which I've talked about for consumers; and the other one of providing consumer information. And while consumer information has moved out of the Central Bank, that pillar stayed within the new consumer agency.

You were the person in charge of the consumer protection side?

Ms Mary O'Dea

Yes.

How many staff were beneath you?

Ms Mary O'Dea

In the consumer area, by and large, there was about 90 people.

And how many were in the banking regulatory structure on the other side, where you were?

Ms Mary O'Dea

Most of the rest of the staff were in prudential, generally. And in banking, it would've been about, I think, around 30, 35, including the international banks.

We've had evidence that three staff members were overseeing two banks. Was that ... were those numbers sufficient?

Ms Mary O'Dea

Well, I think, for prudential legislation of an intrusive level, absolutely not. And I think-----

Even with principles-based?

Ms Mary O'Dea

I think, no. I think as we look at it now, even with principles-based regulation, that wasn't enough.

In previous evidence from your former workplace, we were told that people were being undermined within the structure. Did you ever see evidence of that?

Ms Mary O'Dea

No-----

Did you hear that evidence previously given?

Ms Mary O'Dea

I heard the evidence given. I ... I wasn't involved in that. I didn't see any of that at all.

Just to give a reference to that, it was when Ms Mary Burke was in before the inquiry.

Yes, sorry. Mary Burke made the point that ... in her written statement ... in her opening statement, that there would be senior banking officials ... would be seen in the building and that matters would be discussed at higher level. I think the term "on the 7th floor" was used. You didn't see any of that evidence?

Ms Mary O'Dea

We were actually in a separate building. The consumer building was in an entirely separate building and I never had meetings with anybody without having a member of my team with me.

Okay. You ... in your opening statement, you said ... sorry ... was it fair that confidence was so low within the organisation that you were working? Was it fair and reasonable that it was so low?

Ms Mary O'Dea

Well, I don't know if it was fair or reasonable but it was a fact. That was one of the issues that I had to deal with. I think the issue was probably around the fact that people felt a huge sense of doubt and questioning.

At the time you'll recall that there was quite a bit of opprobrium, very understandably, against the regulator and the Central Bank, and at a human level that affects people, and when you have to lead the team to stabilise the situation you have to be aware of that.

Did your ... did the office of the regulator fail the people of Ireland?

Ms Mary O'Dea

I think the model of regulation here and internationally did fail. I think both at-----

Ms Mary O'Dea

-----the systemic level-----

Not the model. Did the office fail?

Ms Mary O'Dea

I think ... well, personally, I think that the failures were around the model that was chosen, and that was chosen by the office.

Could I just ... if you could allow me, Chairman, please, because it was something that we discussed with Mr. Patrick Neary. We keep talking about "principles-based", but people make determinations based upon those principles, and the point was put to Mr. Neary also that the decision of people ... or the decisions that people make in relation to those principles-based model, was that the failure or was it the model? Was it the failure of people's decisions within the model, or was the model wrong?

Ms Mary O'Dea

Well I-----

Re the interpretation or the application?

Ms Mary O'Dea

Yes. I actually think it was both. I think the model itself was clearly inadequate. I think we've seen that. I also agree with the comment in Patrick Honohan's report that there should have been more follow-through, things shouldn't have gone on back and forth for so long, that there should have been ... and more significant consequences to particular actions, so I think it was both.

And if you were to apportion the split of the both, which ... is it 50:50, 60:40, 70:30, please?

Ms Mary O'Dea

Well I think ... I certainly couldn't do it in that forensic level of detail, but I think one issue that you haven't mentioned that's also extremely important, possibly the most important thing, was the failure to identify the credit bubble as it emerged, and the failure to spot that it wasn't a soft landing. And there I think you have the IMF, the OECD, the ECB, many others in that particular category. And I would add that as something that was extremely important in what happened in Ireland.

Deputy O'Donnell. Deputy, I'll bring you back in but I'll go to the next questioner, if you wish?

I'll move on.

No, no, it's fine, Chairman.

Okay, well get to the point so, please, yes?

What changes did you implement in 2009 to ensure appropriate action was taken against the banks for breaching regulations?

Ms Mary O'Dea

Well, I think 2009, as I said, was a year of very much stabilising the situation. We were ... carried out the much more intrusive level of supervision, we challenged every day, and I think probably the biggest issue in terms of the question that you've put to me was around the banks' business plans, so at that stage the banks were providing their business plans for what the future of their business would be. And we saw a lot of ... because we could see all the business plans we saw a lot of overlap around what they were doing and therefore questioned the profitability that would be there. We also then sought to identify, well, what were the major issues that would lead to that profitability and really challenge those in a much more robust way. So that was probably most of 2009.

And I ... just for a point of clarification, what administrative sanctions were at the disposal of the regulator against the banks for breach of guidelines, for breach of regulations? Because there's an area of confusion around this. So can you just, on the record, what administrative sanctions were available to the regulator?

Ms Mary O'Dea

Well, in my view at that ... when we got the power to introduce administrative sanctions, it was around about 2005 or 2006, but I may be wrong on the exact date. I know it was in time to introduce the consumer protection code and enforce it, and we had actually been very vocal with Government to say that we wanted the fine increased to a level of €5 million at that time.

And were those administrative, we'll say, sanctions, were they just around consumer protection? What about, we'll say, prudential lending? About, we'll say, breach of guidelines, where effectively that they could only, we'll say, up to 200%, 250% in terms of ... within any category of loans?

Ms Mary O'Dea

My understanding is that the law gave you the power to codify regulations that would then be enforceable by these administrative sanctions. And that's what we did with the consumer protection code. The model in relation to prudential regulation is that they were not codified, that they were set out as guidelines, but they could have been codified, if that's the question you're asking me?

And how would they have been codified?

Ms Mary O'Dea

They would have had to be set out as an enforceable code, and set out-----

Ms Mary O'Dea

-----in that particular way.

Ms Mary O'Dea

By the regulator.

So it was open to the regulator from 2005 on to basically bring in sanctions against banks that were breaching growth in property lending, if they wished?

Ms Mary O'Dea

I think, yes, I think that would have been open. It certain-----

But it wasn't taken?

Ms Mary O'Dea

It wasn't taken, and it wasn't the model that was operated by the regulator at the time, because it was the principles-based model, and the focus was much more on requiring banks to look particularly at their own models. As I said, and here-----

And was this-----

Ms Mary O'Dea

-----Deputy, I have to just say that my knowledge, my better knowledge of this is in relation to my statutory role as consumer director.

Why did you decide then, on the consumer director side, to effectively codify these guidelines so that you could actually bring in ... impose sanctions?

Ms Mary O'Dea

We had seen what had happened in the past. Part of the reason the regulator was set up with a consumer mandate was that we had seen serious consumer issues where there were no powers to act against it. So we were determined to bring in something that there would be powers to act against it. And in fact, the consumer ... the regulator had only just been set up in 2003-----

In the limited time I have-----

Ms Mary O'Dea

Yes?

-----is it fair to ... from 2005 on, the two sides of the house of the Financial Regulator, one does consumer protection, and one's prudential lending. The consumer protection had sanctions, had codified the guidelines into enforceable sanctions, whereas on the prudential side that had not happened, yet the option was open to do it?

Ms Mary O'Dea

Well, everything you're saying, I think, up to the option being open I would absolutely agree with you. I think the model was completely different in relation to a prudential supervisor.

When you went in as regulator in '09, did you do it? Did you codify ... did you codify on the prudential side, did you bring in sanctions on the prudential side?

Ms Mary O'Dea

To be honest with you, I went in for three months into that job and we spent all our time, 24/7, examining capital and liquidity. We certainly didn't have time to pause and codify anything at that stage.

One final question, Chairman. You made reference in one of your earlier contributions where you spoke about that you ... the 100% mortgage and how we react to the 100% mortgage, and you said that ... it was about the capacity to repay. So the question I suppose I'd ask is: would you not take into your thinking that, with 100% mortgage, that you were leaving the borrower far more exposed in terms of negative equity in the fall in the value of their property, and that there was a certain, we'll say, element of enormous amount of risk in allowing the 100% mortgages to continue?

Ms Mary O'Dea

Yes, I would, and we issued a public consumer warning at the time in relation to the build-up of negative equity. It was in our consumer information that we put on the website to warn consumers that if you took out 100% mortgages this is what could happen. But I don't have the figures on this, but I do suspect that the majority of people who are in terrible situations with their mortgages now are not actually the 100% mortgages, that actually it was even lower levels of that that were the issue in terms of affordability.

But can I just make a comment?

You can be allowed comment with a question; I can, but a comment, no.

The figures wouldn't bear that out, Ms O'Dea, in that Bank of Ireland were a huge motor of the 100% mortgage, and people on 100% mortgages are in far greater arrears than people on normal mortgages.

Ms Mary O'Dea

Absolutely.

So would you just comment on that?

Ms Mary O'Dea

Yes, no, I think you're absolutely right, 100% right in relation to that, because I think that the issue was around negative equity, and that is the issue we pointed out to consumers.

Sorry, I just want to get my head around this just once more, and ... we have to write a report at the end of this process-----

Ms Mary O'Dea

Of course, yes.

-----Ms O'Dea, and the last thing I'd want to be doing is asking this committee to write back to get further information or clarification, and to provide people with the greatest opportunity for them to decide here. I just want to get your position on this 100% mortgage.

To use an analogy, it's like the Road Safety Authority telling people to put on their seat belts and people should be listening to them and putting on their seat belts. But if a car manufacturer's making cars without seat belts, then somebody else has to do something with the car manufacturer. It's one thing to tell people to be mindful of availing of 100% mortgages, it's another thing to say, "Stop providing them". Do you have a view as to whether 100% mortgages were a suitable product and that they should be been taken off the market?

Ms Mary O'Dea

With hindsight, I think 100% mortgages were not a good product and the reason I think that is because I think they gave the wrong signal to the market in relation to what was acceptable and what was not acceptable. And I fully support the actions now taken by Governor Honohan in relation to this. At the time, 100% mortgages were introduced, what we did at that stage was say, "You can only sell them to customers where they can afford them and where they are suitable", and that warnings had to be given in relation to negative equity. So that's what we did, if I can distinguish, at the time, for hindsight.

Deputy Murphy.

Thank you, Chairman, and thank you, Ms O'Dea. You're very welcome. I just wanted to talk about the IMF country mission to Dublin in 2009. Were you involved in working with the IMF when they came? I think it was May of 2009.

Ms Mary O'Dea

At that stage I was on the regulatory side, so I was the acting chief executive of the regulator at that time.

So you were involved in the IMF when they came to do that country report?

Ms Mary O'Dea

Yes.

And that involved then being involved in terms of their work in relation to NAMA that they were doing at the time?

Ms Mary O'Dea

Yes. And they comment on NAMA in their report, yes.

Okay. I just want to ask a question on that, if I may. In paragraph 20 of their report, they say:

The authorities did not formally produce any estimate for aggregate bank losses. They have focused on the needed restructuring of property-development loans, which they rightly view as at the heart of stress faced by banks.

Why didn't you have any estimates for aggregate bank losses at the time?

Ms Mary O'Dea

Well, actually, what we spent a lot of that year doing was trying to get a good estimate of aggregate bank losses and that took a significant amount of time. And, in fact, even after that, even after NAMA was set up - and NAMA had specialist valuers - it still took a significant length of time after that because, basically, land banks had to be looked at, individual loans had to be looked at, connections had to be looked at, what collateral was there. So it took a longer time to do it than you might have expected.

You couldn't produce them to the IMF but you were working on them?

Ms Mary O'Dea

Well, we obviously shared with the IMF whatever we had.

Because they just noted that you did not formally produce any estimate for aggregate bank losses.

Ms Mary O'Dea

No. And I think that ... that comment may also have been in relation to the other authorities. Normally speaking, in IMF reports, when they refer to the authorities, it could be the regulator, it could be the relevant Government Department.

Was it a mistake to focus on the restructuring of property loans in banks rather than to spend more time focusing on the aggregate losses that they were facing?

Ms Mary O'Dea

Well, I think the property losses were a huge part of the aggregate losses, so ... and there was, again, a sequence. So in terms of trying to cleanse the balance sheets of the banks so that they would be able to engage in lending and try and get the real economy working again, I think the focus had to be on the larger ones first.

In the second part of that paragraph it says that, "Staff noted that losses are likely to extend beyond the property-development sector as the economy weakens and the design of NAMA should incorporate that possibility." Were the IMF saying that NAMA should deal with more than just property-related loans?

Ms Mary O'Dea

Yes. I think at that stage they were looking at what might have been done in other countries and in other countries it wasn't just the larger loans but it was also some smaller loans. I think here the Department were of the view that it would be the larger loans. And again, there was a sequence in there.

Okay, because in paragraph 24 of the same report it says that the authority saw merit in the IMF's staff suggestion "that NAMA-implementing legislation should encompass a broader ranger of loan types". So, you're in agreement with NAMA's view?

Ms Mary O'Dea

Well, I think the view at the time was that the legislation, because we were in an area where we ... none of us had particular experience of, that the legislation should be broad and allow for different decisions to be taken within that legislation. So, in other words, that it would be enabling without requiring it to be that way.

But was the thinking at the time that NAMA might have a broader scope than just property-related loans going onto its books?

Ms Mary O'Dea

I don't recall particularly. I don't recall that it was ruled out but I do recall that the priority at that time was in relation to the larger property loans.

Okay, and then do you recall why the IMF staff queried why NAMA was acquiring good loans as well as bad ones?

Ms Mary O'Dea

Yes. And, again, I think at that stage NAMA took the approach - and NAMA will explain to you how this worked much better than I - that they would take all the connected loans. And, in fact, that actually sped up what you rightly said was a very long process. That actually sped it up by taking all the connected loans and, again, some countries had done this differently. So the IMF would be looking at what other countries had done and in some other countries they had done it differently.

Okay. In paragraph 25 of that same report it states that, "Staff noted that nationalization could become necessary, which would be seen as complementary to NAMA." So, at that point, when this was published in June 2009, were your offices preparing for the nationalisation of any further banks in the Irish banking system?

Ms Mary O'Dea

I think we ruled nothing out at that stage and, I think, all the authorities were being ... were ready for whatever might ... happened. We weren't anticipating it but, I think, at that point in the crisis you'd be very foolish if you didn't leave every possibility open to cater for it.

Is this not the IMF anticipating it in their country report?

Ms Mary O'Dea

No, but what the IMF are saying is that ... just read the sentence to me again there.

"Staff noted that nationalization could become necessary but should be seen as complementary to NAMA."

Ms Mary O'Dea

Yes, and the staff are simply noting that.

Okay, but that wasn't-----

Ms Mary O'Dea

So, I don't think you're saying that there was any resistance by anybody to that.

No, of course. But what I'm wondering is, given that the IMF took time to note this in their country report, did you in your office then say, "Well, look, we need to look at the banks very carefully and we have to see about which ones have to be nationalised", and then, given what happened in 2010 at the end with AIB, I mean, did that not set in train, you know, work in your office to prepare for that eventuality?

Ms Mary O'Dea

You see, I think the sequence of that would've been ... after the loans were moved off the books and we were at a stage where we could anticipate what would be left behind, I think, that's precisely what we would be looking at in that stage. So once we knew what the level of the loan losses were going to be, those type of decisions would then be much easier, of course.

Okay, thank you.

Thank you very much. Senator MacSharry.

Thanks very much. Thanks, Ms O'Dea, for being here. Is there collective responsibility on the board of the regulator?

Ms Mary O'Dea

In what sense? I don't know what your ... what your question is.

Is the board accountable for all of the actions of the authority? Or let's say, for example, in your area there was a problem, would that be ... in the eyes of the public or the eyes of the State or the Oireachtas, would that be your fault or would it be the fault of the board of the regulatory authority? Would there be collective responsibility?

Ms Mary O'Dea

Okay. Thank you for clarifying that. I think in my case it would have been very much my fault because I was a statutory officer. So, I think, when I was consumer director, my ... my role and responsibilities weren't those in normal governance terms but they were actually specified particularly in the law. So, I think, I then took the responsibility and accountability for the very particular issues that were set out in the law, the detail of what I had to ... to do at that time.

So were your duties exclusive to those specific ones or did you not have the normal fiduciary duties as all the other directors would to the broader mission of the regulator?

Ms Mary O'Dea

Yes, I would have in a general sense, yes.

So there was collective responsibility.

Ms Mary O'Dea

Yes, but ... but to be honest, I was only on the board-----

No, I know you may have only-----

Ms Mary O'Dea

-----because of my statutory function.

Give her time to respond. Ms O'Dea.

Ms Mary O'Dea

Sorry, I was only on the board because of my statutory function, I wasn't a non-executive. So that's where I clearly saw my role as-----

You were an executive?

Ms Mary O'Dea

An executive board member because I was the consumer director.

But all directors would have a fiduciary duty to the mission of the organisation, would that be correct?

Ms Mary O'Dea

Yes, yes.

So, to my understanding, and correct me if I'm wrong, that would mean collective responsibility?

Ms Mary O'Dea

Yes.

Okay. So in the period that you were on the board, and particularly given your background in banking supervision, notwithstanding that you were there in the specific function that you mentioned, did it occur to you, did it bother you in any way that there was never an enforcement action for a regulatory breach? We know from previous evidence there was none, so I'm asking was it of any concern to you that there was never-----

Senator-----

Sorry, what's wrong, what's wrong? I mean, we're ... we're talking about previous evidence here now.

If you can ask the witness, was there ever ... or care to confirm it and then ask her why?

The Honohan report clearly states that there was no ... up to the period, I think, 2009, there was no regulatory ... there was no enforcement actions taken against a regulatory ... prudential regulatory breach. Did that bother you in any way? Did you have anything to say at the board about that?

Ms Mary O'Dea

Well, I think the model that the board adopted was that the enforcement focus would be on the consumer area and that was an early decision. So it didn't surprise me that there wasn't any enforcement action. And I think in the case of one particular issue that came to the board, as I recall it, rather than dealing with it as an enforcement action with the fining type powers, it was dealt with by way of an additional capital requirement for a particular firm. So that would have been dealt with in that way but the model that was adopted was that the enforcement actions would be predominantly on the consumer area.

I put it to you that it wasn't predominantly, it was in every sense ... there was no enforcement action taken and ... you know ... given the fact that ... I mean ... what was banking supervision about ... you know ... up to 2009, if it weren't about finding out where there are breaches and taking enforcement action?

Ms Mary O'Dea

Well, the model that was used wasn't about finding out where there were breaches because principles-based regulation was a completely different model and what that meant was that you went into the firm, you checked their governance, you checked their risk models, you checked their audit function, so it wasn't a case of going in looking for breaches.

I'm limited on time here ... I know the point you're making. What I'm asking is, post-2005, when we knew we did have administrative sanctions, to 2009, no enforcement action was taken for prudential regulatory breach and that was permitted under principles-based. Did that ever occur to you as, "This is wrong, this should not have happened, we ought to be doing something"? Did that occur to you at all at that time?

Ms Mary O'Dea

No, because of the model that I've just described to you-----

The model did allow for enforcement action but we just didn't take-----

Let the witness respond as well, now.

No, I appreciate that but if it's going to be repetitive and no disrespect, but I've a very limited amount of time. I get the point that the model was there, you followed the model but the model did allow for actions which were introduced in 2005 and as a matter of------

You made it very, very clear, Senator, I need to get a response.

-----as a matter of form, they were never taken and I'm asking why?

Ms Mary O'Dea

There's one further thing I will add and I won't repeat what I've already said which is that enforcement in relation to banks ... previously the thinking on that was that if you took enforcement action in the public domain, that that would have such serious and negative implications for the bank, that that enforcement action would outweigh whatever it was you were trying to enforce. So that was a separate issue but the predominant issue was in relation to the model.

So the actions of the regulator, in terms of its board, because of the model, was or was it not one where we considered the outcome for the bank more than the State? Is that what you're saying?

Ms Mary O'Dea

Absolutely not. I don't think anybody-----

Ms Mary O'Dea

-----sitting on the board said: "We consider the outcome-----

Senator, wrap up there because I've a question to ask as well.

Ms Mary O'Dea

-----"We consider the outcome for the bank or not the State"-----

You did say you'd give me a bit of extra time.

No ... and I would expect you to ask an assigned question in that time as well, so I'm going to take it now. Can I ask you, Ms O'Dea, the IMF mission in 2009 referred to the lack of a resolution regime. Can you explain the Financial Regulator's views on the need for a resolution regime in 2009?

Ms Mary O'Dea

Well, now we have a special resolution regime actually across Europe and individually. At the time and actually, to me, it's a clear sign that nobody envisaged what was going to happen across Europe because there was no special resolution regime for banks. Banks have to be treated differently, as we now know, in terms of how they're resolved. It has to be done in a particular way and the IMF were simply pointing out that this should be a standard part of the toolkit for any regulatory crisis.

Okay, thank you. Next up is Senator Barrett. Senator Barrett, you have six minutes.

Thank you, Chairman. Just taking up the Chairman's question to you there, if I may, and you're welcome, Ms O'Dea. What was your experience of the interaction with the international authorities during 2009?

Ms Mary O'Dea

During 2009 we had that IMF mission and that's ... to be honest with you, most of it was actually domestic interaction. I had very little interaction with the other authorities.

And with the European authorities?

Ms Mary O'Dea

Very little interaction with them.

And ... you know, given that we've been building the single currency for ten years and it was obviously getting into trouble and we knew that so much was going wrong in Ireland, was it not strange that we didn't interact with the Europeans through that period?

Ms Mary O'Dea

Well, I believe my colleagues in the Central Bank would have had a lot of interaction with the ECB at that time but they took the lead role in all of those and the Governor would have attended governing council meetings and all the various sub-committee meetings. There was no supervisory committee or supervisory involvement with the ECB at that time.

On your document No. 1, if I may, Vol.1, on page 9, it says in section vi), "In addition to the above mainly domestic responsibilities, they contribute to promoting improvements in the international financial system, mainly through involvement in international fora." And that was a 2003 document. Were we doing that in the lead-in to the crisis?

Ms Mary O'Dea

This is the Governor now you're talking about?

The duties of the Governor and the board.

Ms Mary O'Dea

Yes ... well, at that stage, I think that would have been within the Central Bank's mandate, I wasn't within the Central Bank at that time, Senator.

The World Economic Forum in 2009 rated the soundness of Irish banks at 121 out of 122 countries that reported. Were there no alarm bells going on through this period?

Ms Mary O'Dea

Unfortunately, no. There were no alarm bells going on through the period. Obviously, there was concern about credit but everybody, including myself, bought into the soft landing theory and I think, you know, various people in other international fora like the IMF, the OECD and others, also bought into that.

And just over the page on 11 of that document at No. 9, there's "Financial Stability and Membership of Committees". It states:

The parties ... [now this involved both the regulator and the Central Bank] will cooperate fully in their relations with and participation in international fora on financial stability issues. In some cases, this will involve dual representation in certain fora. In cases where only one party is represented, the other undertakes to contribute information and advice in advance of any meeting. The party attending will fully brief the other after the meeting.

Did that mechanism actually operate in the period between 2003, when it was drawn up, and 2009?

Ms Mary O'Dea

Well, at that time I was consumer director and in that capacity, for most of that period, I wasn't a member of the financial stability committee, so I didn't actually see that operating. I can't tell you one way or the other because I didn't actually see that operating.

I mean ... in all of this the €64 billion and the other damage ... outweighed, I think, what might be the price of a cheque book or consumer interest. Were there concerns about the instability generated by international capital flows, for example?

Ms Mary O'Dea

Yes, I think these are issues that would have been on the radar of the Central Bank and perhaps discussed at the financial stability committee. But during all of that period, as consumer director I wasn't involved or privy to those discussions.

The dangers of foreign denominated debt, did that enter into the discussions?

Ms Mary O'Dea

Again, you know, the same issue ... I wasn't involved in those discussions.

Bank credit growing on average at 30% per annum in some of the years and some banks way in excess of that. Were those kinds of issues discussed?

Ms Mary O'Dea

The issue of credit growth definitely was discussed. The issue of credit growth was discussed several times. Eventually, there was the additional capital requirements, as you know, in relation to the CRD, that were brought in which were unfortunately too late and not sufficient enough and, of course, the issue of credit growth as I have already explained to you in my consumer role, led to the particular actions we took there.

Did you make any contribution to bringing our problems to Europe, you know, as the country that had the worst bank crisis as a percentage of GDP?

Ms Mary O'Dea

Do you ... in what period are you talking about?

In the lead up to ... to the crisis. We have the impression that some of this came as a surprise in Frankfurt and Brussels but were we alerting people that the situation had deteriorated so much more than in the other member countries of the eurozone?

Ms Mary O'Dea

I'm afraid I can't help you on that because I wouldn't have been involved in any of those discussions with Europe in my capacity.

Were there contrarians in the Central Bank?

Time to wrap up there now, Senator.

Thank you. This is the last one, Chairman. Thank you very much.

Okay, this is the last question with regard to contrarians.

Ms Mary O'Dea

Well, certainly I think by, you know, talking about 2009 when I was the acting chief executive there were all sorts of things, possibilities and all sorts of things discussed and nothing was ruled out at that stage. I think we had seen so many very unusual things happen and such tragic disaster for us that we ruled nothing out at that stage.

Thank you very much. And thanks, Chairman.

Go raibh maith agat, a Chathaoirligh. Fáilte romhat, Ms O'Dea. Can I first ask you during your period as acting CEO of the Financial Regulator you'd initiated a number of changes to increase the intensity of banking supervision. Can you describe to the committee some of the key changes you made during that period?

Ms Mary O'Dea

Yes, if you just bear with me for a moment, I just made a reminder of them here. So one of the things we did was we increased the reporting. We had reports on things but they were, unfortunately, not frequent enough for us, so we increased the periodic reporting in profitability, impairment provisioning, regulatory capital liquidity, lending and governance, and then we had a monthly report where we could analyse these. We also sat on ... some of the inspectors would sit in at board meetings or credit committee meetings so that we could see them operating in practice. One of the things, I think, that we had learned at that stage was that we had been overly focused on the process and not so much on the outcome. And that by actually sitting in at the board meetings you could see the outcome and we were very, very focused on credit and credit decisions at that particular time.

Okay. You mentioned, and correct me if I'm wrong, to Deputy McGrath that during your period, principles regulation was not active, that you weren't practising. Is that correct?

Ms Mary O'Dea

Yes.

So what, what type of regulation were you practising?

Ms Mary O'Dea

Well, I would call it intrusive regulation. More challenging regulation is what I would call it. And again, rather than check the model, we were checking the outcome. We were engaging with the banks, we were much more challenging with the banks.

So my understanding, and obviously I am a lay person in this here, there's principles-based regulation or there's rules-based regulation. I didn't know that there was a middle one called intrusive regulation. Is that an international standard-type of regulation?

Ms Mary O'Dea

No, I think what the ... the strategy of the current regulator is an intrusive model of regulation. But, actually, principles-based regulation has a lot of rules. There was an awful lot of rules that were set out. And this is a really important point actually, because when we came to do some of our investigations, some of our particular investigations, one of the things that we looked at were what rules were there that could have been breached whether or not they were set out by Europe or whether or not they were in law. And we were then able to either report those if they were into the legal territory or liaise with the guards and this was something I did in my time to say, ''Can we go ahead and pursue some of these breaches of the requirements without infecting any process that you have?'' So we liaised with the guards in relation to that.

The principles of the Financial Regulator appeared in the annual report of 2006 for the first time in public which outlined the nine principles in ... principle No. 8 talks about the that the financial institutions have to comply with any rules that are laid down by the Financial Regulator. Did you scrap those principles when you took ... when you abandoned principles-based regulation or were they still in place?

Ms Mary O'Dea

No, to be honest with you, Deputy, when I took on the role, I took on the role for three months. We were in absolute crisis mode. We certainly weren't revising rules at that stage. We were at that stage making sure that we could stabilise the situation and stabilise the situation in a way that we could understand what the problems were and feed into the system. So ... so I wouldn't like you to think that we were sitting back and inventing a new-----

Ms Mary O'Dea

-----a whole new type. We were viewing regulation differently.

Yes, but that ... that ... that's what I want you to explain to me because I get a sense that you applied the same principles-based regulation, but you just applied them more intrusively. There was ... you didn't ... you didn't have to change any rules, you didn't have to have a change of documents, you just actually decided to send investigators into the banks, which were always the power within principles-based regulation and asked for more reports and asked for more documents. Is that not the case that there was no real change to the type of the regulation, it's just how you applied the type of regulation?

Ms Mary O'Dea

Well, there was a huge change in the practice. So I think that's what you are asking me, is it?

Everything that was done-----

Ms Mary O'Dea

Was it the practice of regulation-----

-----under your term, could it have been done without any change to the principles in the previous term of the Financial Regulator?

Ms Mary O'Dea

Well, the big ... the significant change in the law that we had was the guarantee scheme.

Ms Mary O'Dea

So the guarantee scheme had been introduced which put certain provisions on the banks, certain things that the banks had to do. But you are right to say that the law elsewhere hadn't changed. The practice of doing regulation had changed not just in Ireland, actually, but it had changed everywhere.

Can I ask you in relation to ... it's in Vol. 1, page 4 ... it's a document ... it's the first meeting of the implementation group on further reform of regulatory structures held on 24 June 2009. There was discussion about the press release, I think, from the Government sent out on June 18 2009 and I'll quote from the document. It says: ''The reference to a specific differential regulatory focus for international financial services located in Ireland. The Central Bank's-----

I'll have to push you for time.

Yes, I'll finish at this: "The Central Bank's concerned that this might be perceived in the market as us suggesting lighter tough regulatory approach for IFSC entities than to domestic entities which could have negative reputational consequences for new structures''. So the question I am asking you is: what were the concerns of the ... at the time in relation to this idea of light-touch regulation for IFSC? And during your period of acting regulator of ... of the Financial Regulator ... did you have to deal with legacy issues of IFSC banks, for example, like Depfa Bank-----

Ms Mary O'Dea

Well, we were very concerned and the reference that you point out there is an accurate reflection of what happened at the meeting that we were very concerned that there would be any suggestion that we would not take the same level of intrusive regulation with the IFSC entities as we would with the domestic banks. And we thought that this would be very negative both as a matter of substance and also as a matter of reputation. So we did actually say that we don't want any perceptions whatsoever and drew the attention of the parties, the Government parties to that to say that they should be very careful how this was phrased because we didn't want to have that differentiation. And then in terms of the day-to-day dealings, the main focus of 2009 was very much on the domestic banks. The main focus was on the domestic banks. There were also discussions with other international regulators about banks who had a presence here. So there were discussions around that but the principal focus was on the domestic banks.

Deputy, I will move towards a wrap-up. Just to come back to some earlier issues, just to tidy it up. Just because or as you've said yourself, Ms O'Dea, no enforcement sanctions were taken. Does that mean that no other action was taken and if other action was taken, could you tell the committee what that action actually was or were?

Ms Mary O'Dea

Can I just check with you, Chairman, what period you are referring to?

It would have been 2002 to 2009, right through the whole period.

Ms Mary O'Dea

Well, if I ... if I can explain to you, first of all, in 2009 the type of action that we take. We did take specific enforcement action at that time and if you could just bear with me for one quick moment, I will be able to give you the detail of that. As I recall, it was about ten sanctions that we took in 2009 ranging up to-----

Is that consumer or prudential?

Ms Mary O'Dea

These were prudential. So 2009 in my period as acting chief executive. One of them was for €2.75 million; one of them was in relation to a reporting requirement - that was a bank; the other was in relation to a reporting requirement from a bank, that was €600,000; and the smallest of them, I think, from memory is ... was about €7,500.

And the 2005 to 2009 period?

Ms Mary O'Dea

And in the 2005 to 2009 period on the prudential side only are you talking about?

In relation to the prudential side, I don't know of specific enforcement actions that were taken there.

And on the consumer regulatory side?

Ms Mary O'Dea

On the consumer, I don't have them all to hand but we took many enforcement actions. We published them all in the annual report over that number of years and we focused on particular themes every year.

And in your opening statement you mentioned, on page 3 and 4, the supervisory powers were extended and over 70 engagements were held in 2009 and fines resulted from these. From what sort of breaches did these fines result and was there a particular issue that was uncovered repeatedly?

Ms Mary O'Dea

What page is it on, Chairman?

It's from your own opening statement, pages 3 and 4. You can refer to it.

Ms Mary O'Dea

So that is 2009. Again, it depended on the issue. One of the things at the time that we were very intolerant of was regulatory reporting issues. The information was absolutely crucial to the decisions that we made, so if banks were not reporting information accurately, we took a very serious view of that and immediately moved towards a sanction regime.

We'll move to wrap up. Deputy Phelan.

Thank you, Chair. Briefly, Ms O'Dea, I just want to ask was the excessive credit growth that took place in the economy a matter that should have been covered or looked into or examined by the regulator or the Central Bank in the period which we are discussing?

Ms Mary O'Dea

I think both. I think both organisations, and I answered another question in relation to the structure, about having a clear level of role and responsibilities. My understanding all through that time was that the Central Bank clearly had the role for systemic financial stability and I think the build-up of a credit bubble within the economy falls within that jurisdiction. Also my understanding was that the regulator had responsibility for looking at the micro-prudential areas, so I think the build-up of credit within particular institutions would fall within that.

I only have two minutes left. I want to ask you, in relation to your time in the IMF, were you involved in reviewing the implementation of the bailout programme in relation to Ireland in that time?

Ms Mary O'Dea

Are you talking about my time after the acting chief executive, when I moved?

Yes, were you involved in-----

Ms Mary O'Dea

And I'm okay to answer that, Chairman?

You can.

Ms Mary O'Dea

Yes, so at that time I was Ireland's representative on the board of the IMF and part of your function is to liaise with the staff and the authorities here in terms of the review missions for the bailout programme.

I don't want to get involved in, in details of discussions that took place but I do want to reference page 56 of the 9th IMF review, dated April 2013 states that: "Teams from the EC and ECB as well as Mary O'Dea and Michael Hough from the Executive Director's office participated in ... discussions".

Be careful now, a new line of questioning.

Yes, that's fair enough. Did you find it strange to be acting for the IMF in its bailout review, in light of the fact that the bailout was necessitated by a banking collapse that took place following on from your time as a senior executive and board member of the Financial Regulator in Ireland?

That could be leading.

Strange or not-----

Incongruous.

What were your views when that was happening?

Ms Mary O'Dea

My role in the IMF, did you say April 2013?

Ms Mary O'Dea

Yes, my role in the IMF in April 2103 was as alternate executive director, as Ireland's representative. And as Ireland's representative, I made sure that the negotiations between the staff - and the staff form an independent opinion, independent of the country representative in relation to their view - so that the relations between the staff and the Government authorities got the best outcome for Ireland, and indeed for the IMF.

I understand, but my time is just elapsing. What were your own personal views? You had been a senior executive, as well as a board member at the Financial Regulator in Ireland, during the financial collapse. You were, I think, second in command in commercial banking in the Central Bank prior to your appointment to the consumer affairs division. What were your emotions when you were involved in those reviews?

The question has been made. Ms O'Dea.

Ms Mary O'Dea

Well, I think, you know, as someone who had been proposed by Governor Honohan and nominated by the Minister, I felt I had, certainly had the ability and experience to act in the role representing Ireland and I did that to the best of my ability.

Deputy Higgins.

Ms O'Dea, you were supposed to be there to protect the consumer, the ordinary person. Between 1996 and 2006, the price of a home for an ordinary person increased by the equivalent of the average industrial wage each year for ten years. Now, the profiteering and the speculation that was responsible for that situation was driven by massive lending by the banks, including the banks taking wholesale funds from international institutions and laying them out, and then changing rules like mortgages increased from their parents 20 years to 35 or 40 years, etc., etc., so that young people who were desperate to start a home, you know, were forced to go under this system. Did your office and the Financial Regulator board fail miserably to protect young people caught in this bind or not?

Ms Mary O'Dea

Well, I think it's absolutely true to say that the regulatory system that was used - you talk about a period from 1996 to 2006 - actually there was many changes I think in the system over that time, and it did fail here, it failed internationally, it failed in Europe. And I think that is absolutely true and as consumer director, as somebody who held the position of consumer director, I think it absolutely true to say that consumers are in a very difficult position and I regret that the regulator was unable to prevent that situation.

But Ms O'Dea what puzzles me is this: I mean, this was the subject of massive publicity, conversation and controversy, just the simple price of a home for an ordinary person, we are not talking about people buying to let or landlords or speculators or whatsoever. And the fact that the regulatory system didn't go into a mode of alarm and opposition to this and try and stop it, why did that happen when it was so obvious how the ... this generation was just being screwed to the wall by what was going on by banks and developers?

Ms Mary O'Dea

Well, I think that in terms of the inflation of house prices that was caused by the property bubble, we bought in, as did the IMF, the OECD and others, bought into the soft landing approach. What we did do, and I think it's important to say what we did do in relation to the consumer protection area was, we did many, many information campaigns warning consumers about the size of their mortgage, what their mortgage cost, and in fact one of the things that sticks-----

Ms O'Dea, with respect-----

Put the question, Deputy, and then-----

-----young people needed homes, starting families etc. They were put into a position of blackmail by common consent, that's not a leading question-----

Sorry, that's a leading question now, Deputy, please, so-----

It isn't a leading question. If you wanted a home, the people who had the homes sold them to you at this ... at these incredible conditions and prices, etc.

That's a ... Ms O'Dea.

Leave the soft landing out of it, just what was happening and what was going to happen to young people, did that not set alarm bells ringing?

Deputy, we are running way over time, I have to push you out. Ms O'Dea, the response please.

Ms Mary O'Dea

Yes, and I think what we did in that regard ... one of the things that sticks in my mind was warning consumers that the price of their mortgage was often more than the price of their house and pointing out to them - especially the longer the term of the mortgage - and pointing out to them that apart from whatever they were paying for their house, be it €280,000, that their mortgage might even be costing them more than that. And we tried to point this out to people at the time. We had no control over the price of the actual house at the time.

And this brings me right back to where we are going, and I'm going to sum up with this. At the end of this process, Ms O'Dea, this committee is going to make findings, findings with statements of fact and recommendations and this will be one of the areas that we will be specifically referring to in our report. You spoke all morning about the advice that you were giving customers outside there and potential customers. I want to get down to the detail of what you were doing with the banks during that time. So can I ask you, you mentioned that the banks have to do affordability checks on high loan-to-value mortgages. When you continued to see that the high-value mortgages were being handed out by banks, despite your guidelines, which you just spoke about the moment, were any investigations ever done into the affordability checks that were done by the banks?

Ms Mary O'Dea

Yes, we did do inspections in relation to affordability and, of course, part of the issue around the time was that people's earnings capacity at that stage were much higher, so we did actually check those on the ground. Now the code came in in 2007-----

Who ... who was doing it? The banking supervision team or the consumer protection staff? Who were doing the inspections------

Ms Mary O'Dea

The consumer protection staff.

Ms Mary O'Dea

And the code came in in 2007 and I think it would have been, you know, later 2009, 2010, my successors who would have looked at enforcements in relation to that for mortgages that may have been proved to be unsuitable later on.

Okay. And just to complete the matters ... a conclusion, they ... it's just on ... on your opening statement of page 8, you say ... this is the top of the page, "Today we're unlikely to know the genesis of the next crisis so we need to have a system which can react quickly to changing circumstances including domestic, European, and international circumstances." An ... An implied statement there, I would think, is that every crisis begins with the assumption that it's different now. My-----

Ms Mary O'Dea

Exactly.

Is there anything by means of closure that you would like to add to this committee's work, because part of our job, or a significant part of it, is to look to the future to ensure that we don't have crisis like this revisited upon us again.

Ms Mary O'Dea

The only thing I would say, I think, is that we need to be very careful about the practice. There's a lot of discussion internationally, not just in Ireland, about the structures, about the rules, about how things are set up. To me, I think the practice is just as important, if not more important, and I think that would be something to watch carefully for the future.

Okay. Thank you very much, Ms O'Dea. With that said I'm going to bring matters to a ... a conclusion with your own engagement this morning, and thank you for your participation and for your engagement with the inquiry. And now to excuse you, and propose that the meeting be suspended until 11.50 a.m., that's ten minutes time, when we will hear from Mr. Cyril Roux, deputy governor of the Central Bank of Ireland. Okay, well I ... what's happening ... I'm going to private session there. I'm saying ten minutes and people are coming back in 15. If I say 15 they'll be back in 20. Okay? So if I say ten for 15 minutes, we'll be back in 15. Okay? Thank you.

Sitting suspended at 11.42 a.m. and resumed at 12.04 p.m.

Central Bank-Financial Regulator - Mr. Cyril Roux

With members' permission, I now call the committee back into public session. Is that agreed? Agreed. And the Committee of Inquiry into the Banking Crisis now resuming in public session, I can remind members and those in the public Gallery to ensure that their mobile devices are switched off. Today we are now continuing our hearings with senior officials in the Central Bank of Ireland and Financial Regulator and, our next session, we will now hear from Mr. Cyril Roux, deputy governor of the financial regulation, Central Bank.

Mr. Cyril Roux was appointed to the position of deputy governor of the Central Bank on 1 October 2013 with responsibility for financial regulation. Prior to taking up the role, he served as first deputy secretary general at the French insurance supervisory authority. He also served as a board member of the ANC, the French accounting standard-setting authority. Mr. Roux, you're very welcome to the committee today.

Before hearing from the witness, 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 you are directed by the Chair to cease giving evidence in relation to a particular matter and you continue to do so, you are entitled thereafter only to a qualified privilege in respect of your evidence. You're directed that only evidence connected with the subject matter of these proceedings is to be given and I would remind members and those present that there are currently criminal proceedings ongoing and further criminal proceedings are scheduled during the lifetime of the inquiry, which overlap with the subject matter of the inquiry. Therefore, the utmost caution should be taken not to prejudice those proceedings.

In addition, there are particular obligations of professional secrecy on officers of the Central Bank in respect of confidential information that they have come across in the course of their duties. This stems from European and Irish law, including section 33AK of the Central Bank Act 1942. The banking inquiry also has obligations of professional secrecy in terms of some of the information which has been provided to it by the Central Bank. These obligations have been taken into account by the committee and will affect the questions asked and the answers which can be lawfully given in today's proceedings. In addition, it will mean that some information can be dealt with on a summary or aggregate basis only, such that individual institutions will not be identifiable.

Members of the public are reminded that photography is prohibited in the committee room. To assist the smooth running of the inquiry, we will display certain documents on the screens here in the committee room. For those sitting in the Gallery, these documents will be displayed on the screens to your left and right. Members of the public and journalists are reminded that these documents are confidential and they should not publish any of the documents so displayed. The witness has been directed to attend this meeting of the joint inquiry into the banking crisis and you have been furnished with booklets of core documents. These are before the committee and will be relied upon in questioning and form part of the evidence of the inquiry. So, with that said, if I can now ask the clerk to administer the affirmation to you.

The following witness was affirmed by the Clerk to the Committee:
Mr. Cyril Roux, Deputy Governor (Financial Regulation), Central Bank.

Thank you very much, Mr. Roux. So, if I can get proceedings under way and ask Mr. Roux to make his opening remarks to the committee, please.

Mr. Cyril Roux

Thank you. Mr. Chair, members of the joint committee, thank you for the opportunity to share with you my experience as deputy governor for financial regulation since I joined the Central Bank in October 2013. I hope you will bear with my French accent; if not, pardon my French.

If you bear with my Cork accent, we'll have a deal, Mr. Roux.

Mr. Cyril Roux

This committee has been established first to address the reasons Ireland has experienced a systemic banking crisis and, second, to review the preventative reforms implemented in the wake of the crisis. As regards the first theme of inquiry, I'm not close enough to the Irish experience of the previous decade to provide this knowledgeable committee with special insight. That said, I'm well aware of the severe economic hardship brought about by the crisis. Many Irish households and Irish firms still suffer from it today. Hence all parties, including the Central Bank, must continue to do their utmost to prevent a replay of the banking crisis and to protect the financial stability of the country. I'll share with you what I know of the reforms put in place here after the crisis and before I joined and I'll present the further European reforms that I have replaced them with in the past year and a half.

In October 2013, as I came into office, two independent, large-scale exercises were in train to assess the effectiveness of the domestic framework that had been designed and put in place by my predecessor, Mr. Matthew Elderfield, between 2010 and 2013. The first exercise was a balance sheet assessment of the three remaining covered banks, conducted as part of the 2013 financial measures programme. It concluded with a view that the covered banks were mostly in financial working order and required only moderate strengthening of their provisions, which they did bring into their year-end accounts, in the main.

The second large-scale exercise was the IMF review of Ireland's observance of the Basel core principles for effective banking supervision.

The IMF found that since the crisis has begun the Central Bank had taken substantive steps to rebuild its functions in financial regulation and supervision, including changes in the institutional setting, changes of senior staff, and increases in the quantity, albeit from a very low base, and the calibre of supervisory staff. The IMF acknowledged the design and implementation of a proactive and intensive approach to banking supervision, the expansion of prudential requirements and improvement in enforcement powers. Overall, the IMF ascribed to the Central Bank as of 2013 a satisfactory level of compliance with the aforementioned Basel core principles for effective banking supervision.

Taken together, these two reviews gave me sufficient assurance that Irish banks, and Irish banking supervision, albeit not without further progress, had been put on a more solid footing and that I could direct our 2014 efforts to moving towards the entry into force of the Single Supervisory Mechanism. This entailed two major lines of work. The first line of work was internal and organisational - I will describe its outcome later. The second line of work was a comprehensive assessment. Under the leadership of the ECB, we conducted, like all the other national supervisory authorities of the eurozone, an asset quality review and a stress test of the top 120 eurozone banking groups. The results were published in the comprehensive assessment report of the ECB in October 2014. The ECB found that around one out of five eurozone banking groups was in need of recapitalisation. Out of the top four Irish banks, only Permanent TSB was found to need supplementary capital to fully withstand an adverse stress test. PTSB subsequently raised the required capital in May of this year.

Let me now change tack and describe the overhaul of the banking regulatory framework. Domestically, between 2010 and 2013, the Oireachtas and the Central Bank introduced several pieces of legislation, codes and regulations which much strengthened the requirements weighing on commercial banks and the hand of the Central Bank in supervising them and enforcing against their breaches. These new requirements were additional to the prevailing European capital requirement directive. Internationally, between 2010 and 2013, three large initiatives unfolded that are directly relevant to matters of the inquiry.

First, in 2010, the EU adopted the European system of financial supervision, comprising the European Systemic Risk Board and the three European supervisory authorities, including the European Banking Authority. The ESRB is tasked with micro-prudential oversight in Europe, while the European Banking Authority is in charge of banking supervisory convergence and drafting secondary legislation. Also in 2010, the Basel Committee on Banking Supervision addressed the inadequacies of its second agreement and replaced it by the third agreement of Basel III. The third agreement formed a basis of the new prudential banking regulatory framework in Europe, adapted under the Irish Presidency of the EU and enshrined in the fourth capital requirement directive, CRD IV, and the capital requirement regulation, CRR. They have been in force from 1 January 2014.

Finally in 2012, the EU Heads of State and Government decided on the banking union, which also started to come into force in 2014 as far as the Single Supervisory Mechanism is concerned. The changes have been profound. I will try to give you a flavour of the depth and breadth of this new, multifaceted regime starting with CRD IV and CRR. Both the quantity and quality of capital that banks are required to hold are now much increased, whereas up to the end of 2013 banks could operate with as little as 2% of capital. They need now at least 4.5% of a more tightly defined equity. Furthermore, the new regulatory framework introduces the possibility for macro-prudential authorities to impose several additional capital requirements, known as buffers, to all banks in their jurisdiction. The Central Bank has been designated as the macro-prudential authority for this purpose in March 2014.

From 1 January 2016, as agreed throughout Europe, all banks will also have to begin building one of these buffers, the capital conservation buffer, for an additional 2.5% of risk-weighted assets. Liquidity requirements were domestic until then. They are now harmonised at a much tighter level under the liquidity coverage ratio of the CRR. The existing Central Bank liquidity requirements, which were introduced in January 2007, are being replaced by this LCR, which will be fully binding in 2018. The CRR also introduced a net stabled funding obligation, and a leverage ratio requirement which caps banks assets to no more than 33 times Tier 1 capital.

Finally, the quality and granularity of banks’ regulatory reporting have also been significantly enhanced from January 2014 by the CRR, and subsequent guidelines and standards of the European Banking Authority covering financial reporting, credit risk, operational risk, own funds and capital adequacy ratios. The transformation of the regulatory framework for banks, from what it was up to the end of 2013 to what it is becoming, does not stop at prudential supervisory requirements. Lessons were also learned about the way to resolve the difficulties of banks that are failing or likely to fail. This has entailed another change in regulatory framework through the adaption of the bank recovery and resolution directive, BRRD, and enactment of the Single Resolution Mechanism. The BRRD and the Single Resolution Mechanism aim to create a predictable framework for resolving banks that fail in the future. BRRD provides a toolkit for resolving banks, such as a bailing-in of unsecured liabilities in lieu of the bailing out of the banks by taxpayers. The Central Bank has been designated as a national resolution authority, and is already working with the banks to double up resolution plans in line with BRRD requirements. For larger eurozone banks, including our own, resolution decisions will be made from January of next year, by the single resolution board in Brussels. It will avail of the new propounded resolution funds in the eurozone, which are to be gradually mutualised.

Let me now turn to the transformation of the supervision of eurozone banks from 2014. As I mentioned earlier, in 2012, EU Heads of State and Government agreed to transfer the responsibility for supervising banks to the European level, with the establishment of the SSM. Eurozone banks have come under the supervision of the ECB since 4 November 2014. The ECB directly supervises the largest European banks, including Bank of Ireland, AIB, Permanent TSB, and Ulster Bank, with our assistance and that of other national supervisors. We supervise the smaller banks, under the oversight of the ECB.

The revamped banking supervisory framework that was put in place at the Central Bank by Matthew Elderfield has mostly been superseded by the SSM. Our domestic supervisory engagement cycle, our approval procedures, our internal supervisory guidance, enshrined in PRISM, were effective from 2011 to October 2014. They have now been replaced by the prescriptions of the SSM supervisory manual, which are guided by a similar, if not more tough, intrusive and sceptical ethos.

Daily supervision of the larger banks is conducted by joint supervisory teams, mostly made of central bank staff, but always headed by an ECB co-ordinator based in Frankfurt. These co-ordinators propose draft decisions, during consultation with us, to the supervisory board of the ECB where I sit. When approved, these draft decisions are submitted to the governing council and finally signed by the President of the ECB.

In the Central Bank, banking supervision was re-organised and further strengthened in the course of 2014. Approved headcount in banking supervision was brought up to 140, and the actual headcount has increased to 124. We have thus reduced, albeit partially, the numerical gap with eurozone standards. Instead of two generalist divisions, we now have three: one is dedicated to ongoing supervision; one to specialist expertise; and a wholly new third division carries out on-site inspections year-round. This structure aligns the Central Bank with the organisational requirements of the SSM and further enhances our supervision.

Let me conclude by restating a few key messages. In our country, the institutional arrangement of financial regulation, the engagement framework and practice of prudential banking supervision were overhauled during the tenure of Matthew Elderfield in the wake of our domestic banking crisis. As of 2013, much repair had been achieved. On the European stage, the lessons of the global banking crisis resulted in an overhaul of regulation, supervision and resolution that has started unfolding at the end of 2013. While the EFSF was put in place in 2011, CRD IV, CRR and BRRD come gradually into force from 2014 up to the end of the decade. The SSM is operational since November 2014 and the SRB will assume its functions in January 2016. These new European regulations and institutional arrangements have, in the main, superseded the domestic response of 2010-2013 to our national banking crisis and they are designed to address the challenges of public banking oversight and resolution at a European level, in the area of national decision making that prevailed until 2013. Thank you.

Thank you very much, Mr. Roux, and just for ... to kind of maintain the fullest record, there's maybe a slight variation on the formal statement that you put in, so maybe if you could provide the committee with the address that you gave us today as well at your own convenience. So, with that said, to get matters under way, if I can invite Deputy McGrath to lead off the questions. Deputy, you have 15 minutes.

Thank you very much, Chair. Mr. Roux, you're very welcome. And can I start by asking you do you believe that you now have sufficient powers to take direct action against banks, if that were necessary, to avoid another financial stability crisis?

Mr. Cyril Roux

I think we do have sufficient powers but I would rephrase your question. It's not that I have sufficient powers - I am part of a system which decides. So I do believe that the ECB has sufficient powers, but they are the decision-maker now.

So the ECB ... as the new single supervisory authority, as such. And you might just explain how the regulation is working in practice now, the division of responsibilities between the Central Bank in Ireland and the ECB. You have gone into it in an element of detail in your testimony which you provided but can you just advise the committee how that works in practice?

Mr. Cyril Roux

Yes. It's fairly ... it's fairly long but anything that is prudential supervision, prudential powers, that are listed in CRD IV, CRR, there's a single decision-maker and that's the governing council of the ECB, for the largest banks - so, in our country, for the four that I've listed plus the subsidiaries of eurozone group. For instance, KBC is ... is also ... decisions on KBC are taken by the ECB because KBC is one of a top 120 groups. I've only listed the four Irish ... either Irish headed or when the head is outside of the eurozone, but ... so for these ... for these banks, the decision ... the decisions on prudential matters are for the ECB to take. The decisions for the smaller banks are for us to take, but under the oversight and the rule book of the ECB. So we have to replace our procedures by the ECB-mandated procedures. So that's for prudential supervision. But we do more than prudential supervision, of course. We do also the supervision of ... conduct supervision - that's outside of the ECB - and we do anti-money laundering - that's outside of the ECB as well. So we remain fully responsible for these parts.

So, going back to my first question, you state that the authorities, principally the ECB, now have adequate powers but can I ask you if the Central Bank has adequate resources and expertise available to it now to regulate the banks or to perform its regulatory functions in terms of the banks? And I do so in the context of The Irish Times article this morning detailing some correspondence you had with the Department of Finance, albeit in relation to the insurance sector, but you raised some important issues in your letter to the Secretary General of the Department of Finance where you refer to a staff vacancy rate in the enforcement division was close to 40% due to Government pay restrictions. Would you like to comment on that?

Mr. Cyril Roux

Certainly. So I think the staff working on banking ... well, you have the staff in banking supervision that I alluded to in my opening remarks, so with the three divisions that we have there ... so I think we've calculated the number of people we need. There's a benchmarking exercise done at the ECB. So we are towards the lower end in terms of number of people but ... so that will be revisited by the ECB benchmarking all national supervisory authorities. Then you have the staff in enforcement and the staff in policy - banking policy - and developing the regulations. So ... the issues are not exactly the same for the three blocks. So I would say for prudential supervision, we have some vacancies. We have 124 people when we have our approved complement ... or we have estimated we need 140. But I think, here, where we are an outlier is mostly in terms of supervisory experience. There's a lot of people coming and going and this is very different, for instance, from what I've experienced in France where you have on-site inspectors that stay for 15, 20, 25 years. So when you compare the lengths of experience of our staff ... although they're remarkable staff, but they're gaining experience ... they just have fewer years of experience than their counterparts.

Does that mean we can't keep them?

Mr. Cyril Roux

We ... well-----

We can't keep them.

Mr. Cyril Roux

-----as you know ... well, yes, we can't keep them because, as you know, as long as you're doing the same job, under FEMPI you are paid the same amount, whereas ... you gain experience, so instead of being ... you know, joining and being ... you know, have no work experience, after five years you're still ... if you do the same job, then you can't be paid more. So the only possibility for staff to be paid more is to change jobs and they change jobs, so we have a lot of churn. Because there are vacancies and there's a lot of opportunities within the Central Bank to apply to new jobs, so you see people changing jobs to get paid more, which is, of course, the ... the thing ... the thing-----

So in the area that you have responsibility for as deputy governor and, essentially, head of financial regulation, what would be the vacancy rate currently?

Mr. Cyril Roux

Well, it depends. I have 15 divisions.

Mr. Cyril Roux

So it's very different from division to division.

In the banking area.

Mr. Cyril Roux

Well, banking ... in supervision, it's simple. You know, it's 140 and we are 124. So it's a 10% vacancy rate.

So you have 124 positions filled-----

Mr. Cyril Roux

Yes.

-----and you have 140 approved.

Mr. Cyril Roux

Yes.

Okay. And the 16 vacant positions, are efforts being made to fill those positions, but they've been unsuccessful, or why ... why is there a vacancy of 16 positions?

Mr. Cyril Roux

Well, it's ... of course, we ... we advertise for these positions. There are open competitions to fill these positions, as any other position in the Central Bank, but, you know, it's ... there are people coming in and people leaving - people leaving because they have better opportunities within the Central Bank. You know, they're promoted within the Central Bank, outside of banking supervision, or they're promoted or they go elsewhere, they resign. So it's ... it's not as if, you know, there's only an inflow - there's inflow and outflow. So I think it's a continuous challenge to staff adequately ... not even to lose people, just to replace people who are leaving is the challenge, you know.

Mr. Cyril Roux

But I would flag though that we have increased significantly, right? We were two divisions, now we are three; so we have increased the number of people working in banking supervision a lot since, you know, the time of the banking crisis and even this past year.

Sure. Just to put it in context, can you give us a direct comparison, because we had evidence from Mary Burke who was the head of banking supervision, that back in 2006, for example, there was a three-person team responsible for Bank of Ireland and Anglo Irish Bank-----

Mr. Cyril Roux

Yes.

-----and there was a three-person team responsible for AIB and Irish Life & Permanent. So give us a comparison. Where are we at today, in terms of staff resources for ... responsible for a certain number of banks?

Mr. Cyril Roux

For the significant institutions so, so that's Bank of Ireland, AIB, Permanent TSB, Ulster Bank, the team ... there's a team of four to six people for each of these four banks.

Okay, four to six people. And they are dedicated solely to work on issues relating to that bank?

Mr. Cyril Roux

Yes. Yes, but now ... what didn't exist at the time and exists now is that we have also an on-site division of 40 people and these ... sorry, and these 40 people will go on site in these banks and other banks, so, the on-site work is now, has to be added to these teams. And then we have a third division, the analytics divisions were we have specialist expertise. So if you want a special focus on, say, commercial real estate risk, credit risk in commercial real estate in this bank or that bank, you go to that third division. So, in fact, you know you have to add up these teams, of four to six people, plus a co-ordinator in Frankfurt, because they have a line through Frankfurt. Then you have the on-site inspectors, and then you have the specialist expertise on credit, risk liquidity risk, operational risk, etc.

Can I ask Mr. Roux, do you believe that the authorities, the national supervisory authority and the ECB, now have effective instruments available to deal with future excessive credit growth or sectoral concentration in terms of lending by the banks?

Mr. Cyril Roux

We have a lot more reporting. I mentioned that in my statement. But maybe to give more flavour, for instance, the FINREP reporting. We moved from eight templates to 46 templates, so that's CRR and the allotment of CRR, so the amount of reporting is, is much increased. So we have a lot more granular data and we are ... the supervision done now through the SSM is heavy on data and reporting and, and quantitatively-based, so we have a lot of information on ... on what is building up in, in the banks ... so, yes.

Okay. Can I ask you Mr. Roux to clear up one thing ... this issue of principles-led regulation, which was used in Ireland and is being cited as the method of regulation in the developed world. Where did it come from? What's the provenance?

Mr. Cyril Roux

I listened to a few of the ... the other witnesses, and I'm struck by the fact that on ... there is this wording: "principles-based" versus "rules-based". And when people describe it, they don't describe principle-based versus rule-based, what they describe is putting the onus on the banks themselves to solve their problems, or not taking ... being sceptical and challenging the banks. And, to me, this is nothing to do with being rule-based or principle-based; it's, it's an ethos.

So, I think you can build a very challenging principle-based supervision, if you are, you know ... or you can be a book checking rule-based supervisor. The question is whether you have the skills to challenge. You, you go into ... into the meat, into the substance, so you go into the collateral evaluations and you go into the impairments and you go into the accounts and you're challenging. It's not really ... I think the moniker of principle-based or rule-based do not really describe the change in regime. And the other reason why I think it doesn't really describe this is, okay, we have CRD IV now ... and it's more detailed, but we had CRD III and CRD II before and they were quite detailed. So there are rules; there were rules as well before.

So, in the Irish case, are you saying that it wouldn't be fair to blame the system of principles-based regulation, was it more the application of that regulation, the way in which it was executed? Is that what you're saying? You can put it in your own words, but-----

Mr. Cyril Roux

It's really difficult for me to comment on, you know, what was done and not done well before I arrived. What I would say that, Europe has chosen a very detailed rule book approach. So if you compare the Basel III accord and the CRD IV, CRD IV is supposed to be the transcription of the Basel III accord, but it's way bigger, way more detailed. So that's the European approach, we want tonnes of rules. Now, you know, the more you write rules, the more you write loopholes into rules, so, you know you could very well ... you can very well have thousands of pages of rules, which we have, and still miss ... you know, miss the ... miss the trick. So what you need is the mindset not to check the boxes but to challenge, to be sufficiently skilled to have the right, the right people. And these right people they have to be, you know, accountants, and experienced supervisors and, and lawyers and ... quants and credit risk analysts, etc, people that know their stuff, and be able to challenge the banks.

Your opening statement goes into some detail about the changes at, at European level and you describe the changes as being profound - the additional capital requirements, for example, since the crisis. But can I ask you, Mr. Roux, to give us your view on the responsibility for the regulation of the banks in Ireland in the years leading up to the crisis? To what extent can it be attributed to weak rules at a European level, or to what extent do you believe it is related to the system of regulation in Ireland and the manner in which that regulation was actually carried out? Where do you apportion a weighting on both of those?

Mr. Cyril Roux

So, that's in the years leading to the crisis-----

Yes, up to 2008. It's only ... I'm asking your view. I know you weren't here, etc., but you have an informed view-----

Mr. Cyril Roux

Well, yes and I'm really not ... I'm ... I don't know is the answer really. I have been able to form some kind of view of what was in place when I arrived; that was in 2013. But what was in place, you know, before Governor Honohan and Matthew Elderfield, for me is really-----

Have you read the reports; the Honohan report, Regling and Watson, Nyberg, have you read those reports?

Mr. Cyril Roux

Yes, but, you know, you can so ... I can tell you what I make of these reports but I don't know what was ... why it was. You know, I haven't seen the, the, the evidence on which they built their reports, so it's very at a far remove that ... that-----

What was your impression?

Final question and I will bring you back in again then, Deputy.

Mr. Cyril Roux

Well, I ... I do think these reports give a good picture of what happened. They added a ring of truth. So, although ... you know, I cannot compare to my own experience of the same facts, but these reports have the ring of truth, I think, and so the elements and conclusions, the things like that being drawn by Governor Honohan and ... you know, Regling and Watson, and, and Nyberg, seem, seem true.

Thank you. Senator O'Keeffe.

Thanks Chair. Mr. Roux, in terms of the assessment and communication of solvency and liquidity risks in the banking institutions, has that changed the assessment of, of those risks since you became deputy governor?

Mr. Cyril Roux

You mean, from when I arrived to today, our assessment of solvency and liquidity risks in these banks?

Mr. Cyril Roux

Oh, yes, I think in ... the fortunes of the Irish banking system and Irish banks have improved since I arrived and I take no credit for it; it's just a general economic environment. And the, you know, the effort of the Irish people and, you know, the husbandry of the economy and the return to growth and to, you know, more, more jobs. The increase in the valuation in real estate, the management of the arrears, all of that has gone in the right direction. So-----

The assessment risk, and the capacity of your office to assess risk, how has that changed do you think in relation to solvency and liquidity risks in particular?

Mr. Cyril Roux

Well, I think we, you know ... you know, from 2010-11 there have been so many exercises ... on Irish banks.

You know, the work done with the assistance of BlackRock and then the PCAR and PLAR and then the balance sheet assessment meant that, when I arrived, we knew the banks very well. And a recognition of that is that when, in 2014, through the comprehensive assessment that I referred to in my speech ... there was the asset quality review of the comprehensive assessment and we were able to convince the ECB that we could reuse the balance sheet assessment of 2013 because it was so comprehensive, it was so challenging and there was a lot of quality assurance built in ... we have a very detailed work, that we convinced them that we could reuse this. So I think, when I arrived, we knew very well the Irish banks. And I think, it's a credit to the team, it's a credit to financial regulation but also to Governor Honohan and the rest of the bank, because the quality assurance was given on this by the financial stability division in the central banking part of the bank. You know, loan loss forecast ... I think there was a lot of work done on the banks since the beginning of the decade and our knowledge of the banks are ... is really very good.

How would you then describe the relationship between your office - between the Central Bank, the regulator - and the banking institutions at this point? What words would you use to describe-----

Mr. Cyril Roux

With the banks themselves?

Mr. Cyril Roux

Yes. Well, you know, it's a .... it's tough, it's intrusive, it is ... it's very time consuming and very resource intensive for us but also for the banks and that's how it should be. So I think, you know, it's very clear where we stand, you know, we have a professional relationship and we won't agree on everything but at the end we decide on matters that are relevant for the regulator.

Does that professional relationship that you describe ... does it allow for a distance between the institutions and the office of the bank and the regulator, you know-----

Mr. Cyril Roux

Yes.

-----rather than a closeness? Is there a ... because we have heard evidence-----

Mr. Cyril Roux

Yes.

-----of closeness in the previous time.

Mr. Cyril Roux

Yes.

I'm trying to find out whether the closeness still exists or whether you would describe ... is the word distant and appropriate more distant ... more distance-----

Mr. Cyril Roux

Yes.

-----between you?

Mr. Cyril Roux

Well, I think we're quite, you know ... it's ... I don't see any closeness, you know, we are not buddies, right. So, they have a role to play. They have to ... a role in the economy and we enforce our regulations and requirements and so they come to us asking for, you know, approvals, approvals for board members, approval for using internal models, approval for issuing securities, approval for capital plans and, you know, we play it by the book, you know.

When Mary Burke gave evidence before us, she described the regular contact with senior executives in the Financial Regulator's ... and the banking executives, she said it often occurred without the knowledge of ... or the engagement of the supervisory staff. And we became quite familiar with the notion of the seventh floor and the meetings that took place there ... informal meetings which were not brought to the attention of banking supervision and at which no minutes were taken. How has that situation changed?

Mr. Cyril Roux

Okay, so I sit on the seventh floor, you know.

Mr. Cyril Roux

And so does a director for credit supervision, Sharon Donnery, right. But, we would never see a bank without a team member present. Never. So that's ... because it's part of, you know ... there's an ongoing dialogue. So, you know, if there's request a bank to see me, I will, you know ... I will see them, but always with a briefing from the team and someone from the team and they take minutes. So, you know, that's-----

And those minutes would then be circulated if it's appropriate?

Mr. Cyril Roux

Well, it is appropriate so they are circulated-----

And they are circulated-----

Mr. Cyril Roux

-----yes. Now the issue now is more that it's ... that we're always in the loop for decisions taken in Frankfurt. That's our, you know ... we keep close tabs on that. But, I think, we could ... for the time being, it's fine. So we don't want the banks to go to Frankfurt without us present, right. Because our decision maker is in Frankfurt. Although I am part of the decision maker ... I have one vote out of 25. But, you know, that's the issue there.

Officials, during the time of the crisis, would regularly have told each other and told officials in the Department of Finance, that things were good, that banks were sound and so on. And that they were doing the job that they were paid to do: they were regulating the banks, they were looking after the banks. So, a certain number of people, I think, might be sceptical now that when we hear people say "Now things are okay, we're doing a really good job"-----

Mr. Cyril Roux

Yes.

How can we know now? What is the thing that you would point to that says, yes, when we say that now, we really do mean it now ... it has moved on, it has changed ... it's the public reassurance here?

Mr. Cyril Roux

Yes. Well, I think the people best placed to judge are people that are professional supervisors and know what good supervision look like and bad supervision look like. And who are they? Peers? So ... or the IMF? And we go through constant IMF and peer reviews. So, for instance, fitness and probity standards, okay, this is less harmonised than capital requirements. So we have guidelines and ... from the EBA. The EBA conducted a review of our fitness and probity performance in 2014 and out of all the countries in the EU, only eight were fully compliant and were at the highest standard of fitness and probity surveillance, and Ireland was part of that. Now, I think we can get some comfort on this bit. And then you have how we monitor large exposures. There's another review there by the EBA. Then you have the IMF reviews. The IMF teams ... they go throughout the world looking at the way, you know, national supervisory authorities operate. So I think we can take their reviews, you know, seriously. So we had the 2013 review, which was published in spring of 2014 ... they're coming back, and in the spring of 2016, they will be back here and they will do a financial service programme review, an FSAP review. And so we'll be doing another round of, you know, assessment of our effectiveness.

In her evidence, Mary O'Dea said that in 2009, and I appreciate that's before you were here, ten administrative sanction enforcement actions were concluded that resulted in fines ranging from €7,500 to €2.7 million and one disqualification direction. I'm wondering, in your time ... in your tenure, have there been any administrative sanction enforcement actions? Have any fines been levied on institutions and, if so, have they been paid?

Mr. Cyril Roux

Right. Okay, so I will answer, you know, exactly, on enforcement ... on credit institutions ... so, since I arrived ... okay, I'll look at 2013 and 2014 ... 2013, Allied Irish Banks entered into a settlement with us for failing to ensure the accuracy of its liquidity reporting and to have internal controls in place and there are ... Allied Irish Banks admitted to the contraventions, they accepted a reprimand and penalty of €490,000. Citibank Europe entered into a settlement with us on contraventions of liquidity requirements and also paid a monetary penalty of half a million. In 2014, Ulster Bank had, as we know, IT governance failures as, you know, 600,000 customers were affected ... deprived of banking for close to a month and they accepted a reprimand and they got a maximum penalty we could inflict on them, which was €3.5 million. The maximum ... maximum is €5 million but when you come forward and you accept to enter into a settlement, you have a 30% discount, so €3.5 million was the maximum amount that we could settle with.

In 2014 we entered into two other settlements, UniCredit Bank for €300,000, and Bank of Montreal for €650,000. Now, there are other cases that are ongoing, and these are settlements, but there are other cases that are ongoing, and they ... the bigger the case, the longer it takes. And we have also cases where the party is not willing to settle, and so that has to be referred to inquiry. So it goes to the legal department and then it goes to inquiry and it's a very lengthy process of, you know, of enforcing penalties on these banks.

And was that enforcement of penalty, that environment-----

Mr. Cyril Roux

Yes.

-----of enforcing penalty and being seen to challenge banks and to pursue them, does ... is that a ... do you feel that's a good addition to the way in which the regulator can operate in the financial system in Ireland? Because what we don't ... what we're really not sure of is exactly how many organisations, if you like, that you're actually responsible for?

Mr. Cyril Roux

Yes.

I mean, we talk always about the main banks.

Mr. Cyril Roux

Yes.

And I appreciate that's what's the cause here ... the most concern here in this room, but you do have other organisations and you do have other things to be responsible for?

Mr. Cyril Roux

Well, thank you for mentioning them. We supervise 10,000 financial service providers, 10,000, and out of which we have 200 banks. So there's not only the, you know, the four banks that we talk about all the time but we have a number of wholesale banks, and branches and subsidiaries of wholesale banks. As you know, we supervise the credit institution ... the credit union sector. We have a number of ... hundreds of insurance companies and re-insurance companies. We have thousands of retail intermediaries and ... all told, so that's 10,000 people ... 10,000, sorry, 10,000 firms that we supervise. So that's why, although we are very concerned about the four main banks or the banking ... there's four ... the four retail banks, I have 15 divisions doing financial regulation, not three.

Has your office, in your time, have you met with the Construction Industry Federation ever at a meeting? Can you recall?

Mr. Cyril Roux

No, I think at one point the commission, the Central Bank Commission, had a seminar on the real estate sector and in that seminar there was one presentation that touched upon the construction industry. Was the person who spoke at that time a representative of the construction industry? I can't tell you.

But not a one-to-one, face to face?

Mr. Cyril Roux

Not that I remember.

Final question.

Okay. And finally then-----

Mr. Cyril Roux

Maybe, you know, but I don't remember.

Okay. Finally, would you have had or hosted any meetings with developers, you know, people who are property developers, Irish property developers? Would you have had any meetings or any reason to meet with them in your time?

Mr. Cyril Roux

No. I do remember at the beginning of my tenure that I had a meeting with ... with a big ... how say ... real estate agency so that they could share with me their views of, of the sector, of the property sector. But that was, I think, that was just once. It must have been early ... before Christmas 2013 and, you know, I met with their economists. So their economists gave us their sense of the property sector.

Thank you very much. If I could maybe just draw upon one issue that Ms O'Keeffe or Senator O'Keeffe was dealing with you, Mr. Roux, and that's the issue of fines. MarketWatch, which is a new subsidiary of The Wall Street Journal, reported at the end of year 2014 that there was $180 billion US dollars in fines since the financial crisis. Are you aware of that sum?

Mr. Cyril Roux

Yes, yes, I read the same article. I actually saw another one which said close to $300 billion.

Okay. So if ... that's quite a significant sum of money?

Mr. Cyril Roux

It is.

Measured against the Irish bailout, which was-----

Mr. Cyril Roux

Yes, yes.

-----gross maybe €64 billion, net €34 billion, that $180 billion US dollars has been paid out in ... as a result of banking behaviour or penalties ... on the back of behaviour. Do penalties ultimately work, such as fines, or do we need tougher sanctions that may be more criminally related and ones that would actually have jail sentences?

Mr. Cyril Roux

Okay. Well, up until the Central Bank supervisory and enforcement Act of August 2013, as I said, the maximum fine was €5 million. Only breaches that have happened since August 2013 can be punished by a bigger penalty, which goes up to 10% of turnover. But, as you mentioned, elsewhere there are much, much bigger penalties and it is baffling to me, although you could extract billions, tens of billions, hundreds of billions, you know, there is still wrongdoing committed. So that's really incredible that you have ... take the biggest French bank being fined or entering its settlement with the US authorities for I think something like $9 billion and then saying subsequently that it won't affect their dividend. So how much money do you need to extract? It's just ... it seems ... it seems almost ... it's never enough to deter, it seems. It's just amazing. So I think your question is well posed in saying, well, then you have to go into individual responsibility and white-collar crime. But the white-collar crime, I think that's an issue that, you know, I would ... certainly the Governor spoke about that not long ago. But it's something that is, you know, partially beyond me. It's how in Ireland white-collar crime is being punished. It's a good question for the law, the courts, the guards, the DPP, the ODCE. It's-----

And if I could pose a question, and it goes back to earlier testimony that we had from Professor William Black, who spoke about the difference between banks and bankers, in that it's bankers ultimately make decisions, not banks, as in bricks and mortar. And Professor Lane's testimony as well where he raised this sum initially. And the proposition, I think, that was put forward by Professor Lane at that time is, we need to consider to move the fines onto the bankers and away from the banks. As long as the bank is actually absorbing the fine it's just put in as part of the profit and loss margin, but the actual ... the people who are making the decisions are not affected by it. Would you have any consideration with regard to that proposition?

Mr. Cyril Roux

Well, I would say that the Oireachtas has moved in that direction in the 2013 Act, but the cap is €1 million, so we can ... we at the Central Bank, we can impose a penalty of up to €1 million to any individual, or we can go beyond that. But I think maybe, you know, it's what deters is criminal proceedings and jail terms. Now, the level of evidence to put people in jail is very high. It's, you know, the kind of requirements that we're looking at are requirements on firms, you know, they have to have sufficient liquidity and solvency and reporting rules. But to attach a failure to any single individual is a very high bar in this jurisdiction, so, you know, it's something that's to be considered in the round.

Okay, thank you. Deputy Eoghan Murphy. Deputy?

Thank you, Chair. Mr. Roux, you're very welcome. When you came in as and took over the role of deputy governor, did you make any changes or did you continue the work of your predecessor?

Mr. Cyril Roux

Well, I think I have, you know, described that, you know, in a sense, in banking supervision my work was to replace what he had put in place by the SSM. So it's not that it was not a good domestic framework and a good response. I think it was a, you know, a much-needed response and a much-needed improvement in the specialisation, in the organisation, in, you know, in framing banking supervision. So I think that it's ... it's fair to say that when I arrived, I had a much, much better banking supervision than when he arrived. But then I had to replace that by something else.

Sorry. I'll be more clear, sorry.

Mr. Cyril Roux

Yes?

Would you describe the changes that you brought in as a break with the past or a continuation? That's what I meant.

Mr. Cyril Roux

I would say it's a ... I would say it's a reinforcement. Take the PRISM system, right, a risk-based system, the ethos behind it, you know, that it's challenging and it's risk-based and there's guidance, and there's an enforcement cycle.

All of these principles are good and they've been maintained. But the system, the PRISM system, no longer applies to Irish banks because now it applies through the ECB system, IMAS. Now, where is IMAS coming from? Well the ECB looked at the various systems across the eurozone and ... to decide not to build something from scratch but take one and build from it. Which one did they choose? They chose PRISM. So they took the Irish system and built on it.

And ... would you say you encountered any resistance in your work, internally?

Mr. Cyril Roux

Resistance from?

From staff, or resistance to ideas, or the types of changes you were trying to make either internally within the organisation or from other authorities in the Irish State?

Mr. Cyril Roux

Well, I think they were delighted. People were delighted that, you know, we could, you know, go ... do an even better job that would create ... I think the biggest change has been the addition of a division of on-site supervision, you know. We used to do some on-site work but shorter and not dedicated. Now this is heavy duty; spending weeks on end, day in, day out, in institutions. I don't think institutions are delighted, but my staff are.

Coming to this on-site inspection idea, I mean, Deputy McGrath already raised it with you, and you said, I think, there was 40 people now-----

Mr. Cyril Roux

Yes.

-----as part of the on-site teams. I take it as a result they're spending more time then in the banks, because the Comptroller and Auditor General previously had criticised the number of inspections taking place. So can we assume then that there are more inspections taking place in the bank?

Mr. Cyril Roux

They are ... they spend almost all of their time in the banks.

And there was also a criticism from the Comptroller and Auditor General about the methodology being used in the course of those inspections. Those criticisms were made in, I think, 1999, 2007 and 2009 about the methodology for calculating risk and how it needed to be improved. So what changes have happened there in terms of the work their teams are doing with this in calculating risk?

Mr. Cyril Roux

Well I ... I don't, you know, I don't know what the Comptroller and Auditor General criticised. All I can tell you is that the methodology for on-site inspections developed in the ECB with the help of those countries which are a tradition of on-site inspection is just entirely different, it's a different world. I couldn't even compare.

Just give an example then, just to see how things have changed.

Mr. Cyril Roux

Yes, yes.

Because in the Honohan report, on page 70, he was talking about the 5 X 5 big developer exposure inspection that took place in December 2007.

Mr. Cyril Roux

Yes.

And as part of that inspection they had high priority findings and medium priority findings. One of the medium priority findings noted that one bank had underestimated its exposure to an individual borrower by €1 billion. So my first question would be would that still be a medium priority finding?

Mr. Cyril Roux

Well, this is very, you know ... look, you know, this is going to an amount of detail that I, you know, I just kind of, I don't know exactly how you, you know, you put ... you grade your findings. All I know is that if a mistake is made or more ... or worse, then, you know, we'll be quite active in ... in demanding that it be changed, so-----

Even though the rankings has been for high priority, medium priority? When these on-site inspection reports come back to you they will have findings: high priority, medium, low. Are you not familiar with how they-----

Mr. Cyril Roux

Well, I don't ... I don't read the dozens of these reports, and I could not possibly in ... in-----

But when Mr. Neary was here he intimated that a high priority finding-----

Mr. Cyril Roux

Right.

-----would be highly unusual.

Mr. Cyril Roux

Well, yes or no. I don't know. Yes, you would like.

Okay. Well let me ask the question another way, then.

Mr. Cyril Roux

Because there's things that you want to address first, I guess.

Well, would ... would a bank underestimating its exposure to an individual borrower by €1 billion-----

Mr. Cyril Roux

Right.

-----would that be something you'd want to address first?

Mr. Cyril Roux

Yes.

Mr. Cyril Roux

Well, first ... compared to the, you know, if there is something else even more important, yes.

Okay. Would that still be possible today? Would it still be possible for an inspector-----

I need to wrap you up there. Really quickly.

-----to go in and to find something like that in a bank in Ireland today, such an underestimation?

Mr. Cyril Roux

I think it's the other way round. Now we have what I don't think we had. I can't speak about the past. Now we have teams going and spending weeks on end, and covering things that there was no possible way of them covering before, which ... it's a different ... it's just a different world. So it's not ... we're not just stumbling upon this instance and that instance, you know. We are opening all the books. This is very intrusive, very time-consuming for us and for the banks. It's something that did not exist here.

Deputy Higgins.

Could I refer to Vol. 1, page 21, please, of the evidence?

Mr. Cyril Roux

Do I have that here, or not? No.

It's an aggregated bit of information; it's not specific, as far as I know. I'll double check that there now.

Okay. It'll come up on the screen there, Mr. Roux.

Mr. Cyril Roux

That'll be great. Thank you.

And I refer to the last paragraph.

Mr. Cyril Roux

Yes.

It states:

[The International Monetary Fund] Report on the Observance of Standards and Codes Review was discussed [and] It was anticipated that Ireland would be deemed materially non-compliant in four areas i.e. independence, accountability and resourcing; supervisory techniques and tools; transactions with related parties; and abuse of financial services.

That was in 2013, only it was probably less than two years ago, Mr. Roux. Some people might find that astonishing after all we've been through. So could I ask you if the Central Bank anticipated non-compliance, had it been aware of this and, if so, why did it not address these issues in advance, or ... and what has been done since to rectify the situation? Are all those compliance issues now resolved?

Mr. Cyril Roux

Okay. So I'll take them one by one. The first is independence accountability, that's Basel principle 2. So the independence of the Central Bank and the Financial Regulator has been found to be compromised in Ireland by the fact that the Secretary General of the Department of Finance is a member of the CBI commission. And the other independence issue that has been raised by the IMF is the fact that members of the commission, including myself, can be removed without explanations being given. So, I see that, for instance, in other countries, such as France, if the French deputy governor cannot be removed, cannot just ... cannot be removed unless for, you know, just egregious behaviour, but he cannot be removed. I can be removed today, and with no explanation given, and other members of the Central Bank Commission.

You mean removed by the Government is it-----

Mr. Cyril Roux

Yes. I think-----

-----from your position?

Mr. Cyril Roux

Well they ... the appointing authority can decide to revoke the appointment and appoint someone else. So that's the issue of independence and accountability.

Has that been changed?

Mr. Cyril Roux

No.

Mr. Cyril Roux

The other part of principle 2 is the resourcing. So I think here we've made some progress as we've increased staffing in banking supervision by moving the approved resources from 110 to 140, and when the Central ... when the IMF came, the number of people in banking supervision was just a little under 100, and now as I said, we're 124. That's a 25% increase. So I think we've, you know, we've closed much of that gap.

The second is supervisory techniques and tools. So here I think the Central ... the IMF, as I mentioned, recognised that we have made a lot of progress. I've mentioned ... I quoted other parts of their internal review that we've made substantive steps, but there were things in that were not ... we're not up to the standards. What are the things that we're not up to the standards? But we're not looking at the returns in the way as thoroughly as the IMF wanted, so we get a lot of returns, but they felt that other supervisors would spend more time in looking at them and challenging them, and I think that's quite different now in the SSM. So I think that's very clear, and we'll see next year it's different. The other thing is they felt is we didn't have enough on-site supervision, so that's closed as well because we ... and third, we didn't spend as much time as we needed on the low impact supervision. Again, I said with 10,000 regulated entities, 9,500 as low impact as PRISM said that we should have only low ... reactive supervision. That's not acceptable for the IMF.

And then abuse of financial services.

Mr. Cyril Roux

It's a very technical issue, so ... sorry, it's really technical here. The IMF felt that section 17 of the Criminal Justice Act of 110 asked for statutory guidelines to be issued and we looked at that and the Department of Justice said "Well, we can't issue these guidelines because that would be inconsistent with the primary legislation". So, in fact, I think here we have the right legislation, it's just that there was a power under the Act that was not being used by Department ... by Minister for Justice. It's really not a question for us to enter technically but I do think that on substance, it's addressed and the reason why I'm saying that I believe that on substance it's addressed, it's because of FATF, the Financial Action Task Force in 2013, concluded that we were technically compliant with its standards, so I think they know better.

Mr. Roux, do the financial ... the financial regulation divisions within the Central Bank currently at the moment, are you confident that there is a good knowledge and understanding of what is currently required for effective and stringent regulation? Have ... has the bank learned considerably from the disaster that happened, the crash, the bubble etc.?

Mr. Cyril Roux

Yes, I would say so. We have more specialist expertise. It's better staffed ... what is lacking is just lengths of experience. So, you know, just the distribution of experience is such that our staff are mostly junior staff and we can't keep them. So, when you compare our staff to the staff that is available in other, in other supervisory authorities, they are younger, they have less experience. We don't have as many people with five to ten years' experience but to have these people, you need to pay them. You need to able to have a career progression and a pay progression and at present, we can't do that.

Finally, you said that even huge fines apparently are not a deterrent from major international banks from misbehaving badly. Do you think it is feasible that private institutions should have massive powers over the lives of hundreds of millions of people? Would public ownership and democratic control of these major institutions be a much more viable way for society?

Mr. Cyril Roux

I think we have, you know, we have a mixture of privately-held banks and publicly-held banks and it's a very broad question that you're asking me, you know, whether economies would function better if, you know, banking was always in public hands. That's ... I think that's a question for ... it's beyond my pay grade really.

Thank you very much. Deputy Doherty.

Go raibh maith agat a Chathaoirligh agus fáilte Mr. Roux chuig an coiste. Can I ask you just at the beginning to give us an outline of your understanding, your opinion of the Central Bank's knowledge of the financial institutions, both when you commenced work at the Central Bank and your opinion of the knowledge that the Central Bank has now?

Mr. Cyril Roux

I think it's a very detailed knowledge. I think the work that had been done in the Central Bank ... since Governor Honohan joined and the amount of effort and time spent to look at these banks ... we see the work done internally and the work commissioned externally, we see again with the PCAR and PLAR exercises and then the balance sheet assessment, the loan loss forecasting exercise, the detailed analysis of credit risk and arrears management, I think there has been a lot of focus has been given on these institutions. I think we know them very well.

Very well, so we know them very well at this point in this time-----

Mr. Cyril Roux

Yes.

The question I was asking as well is: what's your opinion of the Central Bank's knowledge at the time when you ... when you took up office? Where do you think ... what type of knowledge do you think that they had gained at that point?

Mr. Cyril Roux

What I said is valid today but was valid, you know, when I arrived. I arrived when the balance sheet assessment was being concluded so I, you know, I got all the papers there. It's very detailed where very good work and all the briefings and all the work coming from banking at the time was of high quality.

Okay. And what's your opinion regarding the clarity of roles and accountability amongst the regulatory supervisory institutions and the State and the Department of Finance?

Mr. Cyril Roux

I think it's, in the main, it is okay. It is a bit ambiguous because a number of banks are under public ownership. There are special ... there is the emergency liability scheme covering them. So there's ... the State is also the shareholder of the banks. So, it acts as, you know, in several capacities, so I think it's a bit ambiguous in that but there's no avoiding it. Now, I think the bank ... the Central Bank should be fully independent as, you know, the IMF said and I do think that also to foster that independence, the regulation should be fully paid by the industry and not half paid by the taxpayer.

Okay. And that's something that Governor Honohan has raised before, before Oireachtas committees here in this House. Mr. Roux, can I refer to the core booklet, Vol. 1, page 26. I'll read out the section and it's very short. It's headed "Examples of Interactive Engagement". It says "Based on a review of [the] sample of board papers during 1992, 1995 and 2000, we have not identified matters escalated to the Board where it was decided that it was necessary to pursue prudential breaches by credit institutions on a more formal basis other than through interactive engagement based on moral suasion." The policy of approach in prudential breaches through interactive engagement based on moral suasion, based on your experience, would this be normal or not approach for a central bank to take?

Mr. Cyril Roux

It depends on .... of the case, really. Some breaches are inadvertent and some breaches are willful. Some breaches are ... come as a result of insufficient or defective processes and procedures, some not. Some firms will self-disclose and they will come to us and say "We have had this breach and we are corrected them". Some will actually try to hide, so you know, suppose you have a firm which has normally good controls and has an inadvertent breach and they come straight to us, it will treat them differently than a bank that is actually, you know, willingly breaching things and not telling us and I think we need to always move on two fronts. So, we have to decide whether we go to ... we refer this to enforcement but that's ... referring to enforcement doesn't solve the issue in itself. So, you have to solve it on a supervisory front as well.

These papers talk about that there's ... that there was none of them escalated, they were all dealt with "interactive engagement based on moral suasion". How common would that be from your experience in other jurisdictions?

Mr. Cyril Roux

Well, I think I would compare what you described to the situation since the beginning of the decade. I think this committee has been provided with a table of all the referrals to the enforcement division and you will have seen that since the beginning of the decade, there has been more than 50 referrals to the enforcement divisions and they have all been, you know, been pursued, when there was a legal case.

Okay. Can I ask you just to-----

Last question there, Deputy.

Okay. Can I ask you just to, finally, in terms of light-touch regulation, I'm not sure if you're aware of it. It's an issue I have raised in the House before. One of the companies that you regulate, on their website promoted that they were basing a facility which provided light-touch regulation without the costs of an offshore entity, without the ... or a tax haven without the costs of a tax haven. This was their promotional strap on their website. Can I ask you, how could a company that you regulate promote itself in that way? Or are they allowed to say whatever they want or ... what's the rules in relation to that? Or are they correct that they do ... are regulated in a light-touch way? This is a company in the IFSC.

Now the question is made, Mr. Roux.

Mr. Cyril Roux

Well, I don't think, now, there is a light-touch regulation at all. So, if they want to say they benefit from light-touch regulation, they are ... you know ... that would be a misrepresentation.

So, that's what I would say and I think, you know, soon after I arrived I ... representations were made to me by the IFSC and members of the IFSC that we couldn't regulate them in the heavy-handed way that we are regulating the ... the ... you know, domestic banks. And you know, I just shrugged my shoulders. It is no two ... it is not a two-track system; it's one-track system.

Good afternoon, Mr. Roux. Can I ask you firstly how frequently do you meet with officials from the Department of Finance and how would you describe the nature of the relationship with ... that you would have with them?

Mr. Cyril Roux

So this has changed ... I think now we have a regular monthly meeting with the, you know ... with the Governor and ... well, then I see of course the Secretary General from the Department of Finance in the commission meeting every month as he is a member. But otherwise ... but there's a meeting every month with the Department of Finance.

The nature of the relationship that you have with ... with those officials. How do-----

Mr. Cyril Roux

Yes-----

-----how do you interact I suppose really? Is it a full and frank relationship or what is it?

Mr. Cyril Roux

Okay, well, it is ... it is mostly about issues affecting banks owned by the State because there is a gateway there for communicating between the supervisor and shareholder and it is mostly around that.

Can I ask: do you judge the IMF country reports and OECD reports as an important information instrument to aid in bank regulation supervision and financial stability?

Mr. Cyril Roux

I do.

Okay. Finally, I want to turn to the area of whistleblowers, not just whistleblowers but the broadest possible interpretation of whistleblowers - people who have a contrarian view or even a significant difference of opinion with, maybe, senior staff ... people within the Central Bank. Is there currently in place within the organisation a structure for dealing with people who have a contrarian view?

Mr. Cyril Roux

You mean for dismissing them?

Mr. Cyril Roux

Quite to the contrary, I mean we-----

That wasn't lost in translation I can tell you.

Mr. Cyril Roux

We have set up and, you know, I think credit ... credit to Governor Honohan and Matthew Elderfield, we have set up a number of internal arenas where we ... we have the opportunity for people to speak up. It's very important that people speak up and say what they think and have, you know ... have the different opinions. So I think in the present system we have put in place risk governance panels for institutions are medium, high or both. We have risk governance panels and it's not just the team supervising them that is present and discuss, but you have people coming from other part of the ... of the house ... of the bank and they can read independently and they say, "Well, this is not what I think you know, I have read the evidence, I know the bank less than you do but it seems that you are missing this or that", and so these are a very good place to have frank exchange of views and it's valued to be contrarian. So that's for the banks themselves. And then we have other, you know, we have other committee meetings and we foster this ... this exchange, we do.

And do you feel that that's a difference from how Central Bank used to operate in previous ... has there been a conscious effort, I suppose is the question I am trying to ask, to change the environment within the organisation or-----

Mr. Cyril Roux

Well I ... yes, I think so. I mean reading the Honohan report I can't tell how things were. What I can say ... I will, sorry to ... to take this opportunity, but I must say that since a month ago, the Freedom of Information Act has been ... is now applicable to the Central Bank. So it's very good so, you know, people can look at every single of my credit card receipts and I have no objection to that. But we do have requests to see all the e-mails that are exchanged internally and I find this really problematic. Okay, so there are exemptions in the Act, you know, so we have to go though every single e-mail to see whether that falls under the exemption or whether it's commercially sensitive or, you know, which reveal ... but the fact that any time I write an e-mail or someone writes an e-mail to me they have to think whether it will ... it has the potential of being published. And I'm not talking about e-mails that I wrote long ago; we have requests for e-mails that I wrote last ... you know, yesterday or up to the date of the submission and it's very detrimental to the way we function. So we are writing less and it is very problematic. We are also in meetings all the time. I am away in Frankfurt, in ... in London, the Governor is away. My staff are all over the place and it's problematic now, really.

Can I also ask you then in terms of the highest level of contrarian view in terms of whistleblowers, is there a formal structure within the organisation for dealing with complaints from people in that capacity as well?

Mr. Cyril Roux

Absolutely. That's part of the 2013 Act. There is a section ... a part of that Act on whistleblower disclosures and protections. We have a whistleblower bureau. So if anyone in the public has, you know, something to say , which is evidenced of course, it's not just, you know ... yes ... it has to be evidenced or you have something to say and you can show that, you know, you have a basis for saying it but then their identity will be protected.

So there are structures is in operation-----

Mr. Cyril Roux

Yes-----

----- is in existence, that's-----

Mr. Cyril Roux

Yes, absolutely, absolutely. The legal power is here since August 2013 and we have the structure internally and we have a whistleblower bureau.

Excellent, thank you. Senator Sean Barrett. You have six minutes.

Thank you, Chairman. Welcome, Mr. Roux. What's your view of the boards of Irish banks since you took over as the deputy governor in October 2013?

Mr. Cyril Roux

I think the work had been done before I arrived, really. You know, so one of the first things that were done at the beginning of the decade was to impose fitness and probity standards. So there was no fitness and probity standards when Matthew Elderfield arrived and they were imposed at the end of 2011. There was a general review of boards. I think 26 members of boards of the main retail institutions resigned. So there was a lot of scrutiny and challenge and I think the boards now have been very different from what they were a few years ago.

And the board of the Central Bank in the same context of the same question? Has it changed since you came as the deputy governor?

Mr. Cyril Roux

Are you talking about sorry ... are you talking about the commission of the Central Bank?

Mr. Cyril Roux

Yes. So, what do I think about the commission in which I am in and the members and ... you know, I have no issue. I think that they are all dedicated to the public interest and, you know, it's just the arrangement is a bit unusual. I think the arrangement is a bit unusual because the way the legislation is made is that the ... lot of powers are vested into the commission and not to the Governor or deputy governor. And then they have to delegate most of their powers to the Governor and deputy governor. It's an unusual arrangement. It would be better to ascribe powers directly to the Governor and to the deputy governor and give to the commission the powers that they can actually exercise, you know, meeting every month as an oversight board, really. They can't manage a bank, you know.

Thank you. The European dimension to this ... the ... page 103 of Vol. 1 has an estimate that the bank crisis cost Ireland 40% of GDP. What would be the equivalent figures, if you can remember, from say, France and Germany for the bank crises there?

Mr. Cyril Roux

Okay. In percentage of GDP, I would not know the answer. In, I think, for ... I think for Dexia, which is a main ... the main problematic bank there was ... it is a bank that is ... strides across three countries - Belgium first, then France and Luxembourg.

And for Dexia ... Dexia is being run off with a guarantee of €90 billion shared between the three states.

Alan Ahearne from ... maybe one of your colleagues, on one of these committees, he wrote in the Brian Lenihan book, "An additional dimension to Ireland's crisis was the country's membership of a poorly constructed, and at times dysfunctional, currency union." Did that apply in the period before the reforms you've described for us?

Mr. Cyril Roux

I cannot comment on monetary matters. There is a strict separation between, you know, monetary matters and supervisory matters so I just cannot comment on that.

Are the new standards you described rigorous enough? We've had evidence that the capital requirements for banks should be raised two or threefold.

Mr. Cyril Roux

They are raised two or threefold, yes.

Are banks in Europe up to the standards of Canada, Singapore and Australia?

Mr. Cyril Roux

Well I wouldn't know their banking system, first. I think banking systems are very different from one country to the next. So the banking system in Ireland, say, and the banking system in France or in the UK are vastly different so, you know, we have mostly retail banking, doing mostly mortgages and in some other jurisdiction you have mostly banks that are mostly investment banks or all market making banks, trading banks, and their risks are very different from those of the Irish sector.

Do Irish banks appreciate the dangers of their property concentration-fixation, historically?

Mr. Cyril Roux

Well I think they do. It's certainly obvious the business model is that way ... it is, you are right, it's a rather undiversified business model.

And their sources of funding becoming dependent on wholesale rather than deposits, is that issue being addressed by Irish banks?

Time now, Senator.

Thank you, Chairman.

Mr. Cyril Roux

Sorry I didn't get the question.

Sorry, the problems that arose from wholesale funding rather than the traditional base which was deposits.

Mr. Cyril Roux

Well banks should have a mix of, you know, a mix of funding. If you are all deposit funded, you know, you can have a bank run and you lose your funding very quickly as well. So I think you need to be able to play on a number of dimensions - wholesale funding and deposits and securities and have a good funding mix.

Thank you very much. Thanks, Chairman.

Senator Michael D'Arcy. Senator six minutes.

Thank you. Mr. Roux, thank you for coming. I'm going to quote from ... I'm going to ask you to look at your documents, discussing the IMF detailed assessment of observance in relation to Basel core principles. Can you give your assessment of the quality and adequacy of the advice given by European banking supervisory bodies to the Central Bank?

Mr. Cyril Roux

I'm waiting for this to show up on the screen, which page was it?

Pages 95, 96, 97.

Mr. Cyril Roux

I'm just waiting for this to show up on the screen.

Do you have a blank screen there, Mr. Roux, or do you have something displaying at present?

Mr. Cyril Roux

What I have is page 3, and we have to move to page 95 I understand.

That's grand, okay, very good, I see.

While you are waiting, Mr. Roux, the 2006 Article IV analysis by the IMF was widely off the mark.

Mr. Cyril Roux

Yes.

Are you satisfied that the international analysis now is on the mark?

Mr. Cyril Roux

The IMF uses the Basel core principles of the time, so, and they evolved as well. So I think the core principles of today are much tougher than the core principles of yesterday.

Potentially the difficulty that is coming down the track, at some stage in the future, is a different crisis than what has happened in the past.

Mr. Cyril Roux

I couldn't agree more with you. I think we are all discussing here credit risk linked to mortgages and real estate, but there are lots of other risks that could hit us. The biggest one is interest rate risks. If interest rates go up by 3% or 4%, what is going to happen to households, to mortgage holders, to the firms? This is a very serious issue? It is a very different issue than the one we are talking about. This is maybe the main risk, because experience is that when interest rates rise they rise very quickly and very much. That's one risk. Another risk is cyber risk. We are quite concerned. All banks experience, every day, attacks on their system. One day they will ... they will go through and they are determined attempts to take down the European payment system or settlement system or banking system. So these are very different risks and they're very alive and they're quite different from those of the past and the way to address them are quite different as well.

The Basel III rules, they are untested, in the same way Basel II was untested prior to the crisis. They were completely inadequate.

Mr. Cyril Roux

Well it's the best ... the best we can do. It's a valiant effort. Basel II was mostly capital requirement, not very much capital. Now we have much higher capital requirements that can be increased, we have liquidity requirements, we have a leverage ratio requirement, we have disclosure requirement, we have requirements on the compensation of risk-takers. So instead of looking on one dimension, which I think was wrong and doomed from the start, we are now asking a number of requirements and a number of dimensions. But you are right, it isn't tested and, you know, there might be some flaw. It is just the best we can do.

Can I ask your view about the areas that are unregulated that are offering similar banking services, the new platforms that are available today, the private equity firms that effectively act as financial institutions? Are there risks from these sources of financing that, Basel III or that, are unregulated by sectors within finance?

Mr. Cyril Roux

I will take your question in a slightly broader context. The European economy is mostly financed through bank lending, and that's different from, as we know, the US economy which is mostly financed through market funding. So the capital markets union, that is one of the primary objectives of the current EU Commission is to grow market funding and you grow market funding by using non-banks - it is exactly the definition of that, it means through the issuance of securities, including equity. I think it's a good thing that there is more finance through equity finance rather than debt finance. And we have too much debt finance in the economy and that exposes more risk. You can always decide not to pay a dividend, but you have to pay your coupon. If you don't pay it you are defaulting.

But are these not ... these are effectively unregulated, the equity companies?

Mr. Cyril Roux

Well, the ... I have to impact with these ... we have the fund industry, say money market funds for instance, they are regulated and we are a big place here in Ireland of money markets, and they are really regulated. I strongly object to something you haven't said but I hear sometimes that anything that is not a bank is a shadow bank, so not regulated. This is not true at all. The money market funds are regulated and they are done by ... they are run by fund managers who are regulated as well, so I just-----

Is the same level of oversight in these money markets occurring as there is in banking institutions currently?

Mr. Cyril Roux

It's a very different kind of supervision. It's-----

I hope it's not principles-based?

Mr. Cyril Roux

No it's not principles based, but it is ... I am a board member of the European Securities and Markets Authority and I can tell you that we are looking at incredibly detailed rules. That's the European way, it's very, very prescriptive and very detailed and very granular. It's just very different, we don't go through capital requirements, we go through rules about client assets and custodians and settlement systems and it's a different environment. But you're right, I think it's very good that you give me this opportunity to say well finance is not just banking and actually banking relies on this surrounding of markets and funds and other sorts of funding.

Thank you very much, Mr. Roux. Senator MacSharry.

Thanks very much and thanks, Mr. Roux, for being here. What influence does the ECB have on Irish banking regulation and supervision today?

Mr. Cyril Roux

The main instrument is the CRR, so it's the CRD IV and CRR. These are ... list the powers of the supervisory authority, and the supervisory authority is the ECB. So, we have lots of instruments, and, if I can just take a minute, it's not as if, you know, you have supervision - and supervision is just about, you know, moral suasion and meetings with people - and then you have enforcement. A very ... the biggest power we ... we have, I think, is that we decide the capital requirement. So, it's not just a calculation. We do calculations but then it's judgment based. And when you decide, as we did here in Ireland, that the banks need 10.5% of ... of core tier 1, you force them ... or you force the State to recapitalise them. When you ask PTSB, through the comprehensive assessment, to reach 5.5% in a stress test and they're below that, you force them to raise hundreds of millions. So, that's not enforcement, that's supervisory powers. You put the bar where you think it should be and then that's, you know, that costs hundreds of millions or billions. It's a very important power.

So, in answer, the ECB have a lot to do with it then.

Mr. Cyril Roux

Yes.

Okay. How has this changed since you have arrived?

Mr. Cyril Roux

Well it ... I arrived on October 2013 and we handed the powers ... the supervisory powers to the ECB on 4 November 2014, so a year later.

So, a year later, okay. And how does it manifest itself in terms of the operations, from your perspective?

Mr. Cyril Roux

Well it's-----

The interaction with the ECB particularly.

Mr. Cyril Roux

Well, it's very simple. Up to 4 November 2014, you know, the ECB and us were working on the comprehensive assessment but decisions were made by ... by me, you know, in a sense. So, for instance, when Bank of Ireland issued equity at the end of 2013, you know, they wanted to make a number of ... of operations on the capital structure and that needed a supervisory approval. So, you know, I decided, you know, what I would agree on and what I would not agree on with the bank. And now that would go through the governing council of the ECB.

So, you feel then, or do you, that you have independence within a broad set of parameters?

Mr. Cyril Roux

Again, it's rule based. You cannot be capricious. You know, I can't just say "I don't like this so you're not going to ... you're not going to get it". You know, there, so ... these are commercial firms, they have rights, so any decision that we take has to withstand scrutiny and withstand appeal. So, you know, we ... we have to have a good case. You have to decide according to the ... to the rules and to the law.

So, there is the rules of the law, but within the rules of the law you can do what you want in terms of their implementation here, is that correct?

Mr. Cyril Roux

Well, you ... yes ... on some things it's very detailed in the regulation, very, very detailed, so, you know ... and in some you have room for judgment, but that's, you know ... but judgment based doesn't mean that there is ... that you can do what you want. You ... you do what is commensurate, what is in keeping with your previous decisions, what you can defend in court in an appeal and the banks have ... they can have recourse to the administrative board of review in the ECB and then they kind of ... they can also appeal directly to the courts.

In terms of the prudential and consumer side, is it equal in terms of the proportion of input that comes from the ECB now or is it specifically on the macro-prudential side or-----

Mr. Cyril Roux

The ECB has no role in consumer protection. It's outside of their remit-----

It's outside of their remit, so they've no role there.

Mr. Cyril Roux

-----entirely.

Can I ask, if it's in order, and the Chairman can tell me if it's not, the ... in your previous ... in your previous role with the French authority, can you just tell us briefly what you did with ... with that authority? What ... was your role the same, or was it-----

Mr. Cyril Roux

No, it ... it wasn't the same. I was in charge of the supervision of insurers and of the foreign banks and the specialised credit. I was also in charge of policy and international affairs.

Okay, and in the use of the ... did ... did that authority also have the principles-based approach?

Mr. Cyril Roux

No, I wouldn't describe it that way. The way was ... I think the ethos of challenging and pushing and ... and covering was - that we are now building here - was present in ... in ACPR. For instance, we had-----

Would you define it as rules based or ... or principles based?

Mr. Cyril Roux

I ... I don't think that these monikers are valid. What I would say is that we apply the regulation of the time and that the regulation of the time was very detailed, very prescriptive.

Yes. No, it's just, where I'm coming from with this is you pointed out to ... to Deputy McGrath earlier on that you feel ... when it's talked about the rules based and it's talked about the principles based, it's possible, you said, to have a principles based which is sufficiently intrusive with enforcement, and you could equally have a rules one that isn't so good.

Mr. Cyril Roux

Yes ... yes.

So, I want to know, what way was it done there, would it have been described as principle based with a little bit more hands-on enforcement or would it have been rules based ... where would it have been? I'm interested in the change because of what we're trying to do, looking back over a period-----

Allow him time to respond and I'll allow you back in-----

Okay. To take the opportunity to hear what went on in other countries.

Mr. Cyril Roux

Okay. So I'll just say two things. First, France is one of several countries in Europe where on-site supervision is very ... very developed. Right, there are 200 people there doing only on-site supervision and they've done on-site supervision for ... for decades. So we have very experienced on-site supervisors and they ... they're quite robust, quite sceptical. So, that's a signal strength of French supervision in banking and that has been brought to ... to the SSM and brought to Ireland. The other thing is that it's very ... you know this principle based, I don't understand it, you know, you had the CRD and that was detailed enough, and then you had a further detail in secondary legislation in France, so the code that you had to apply is, you know, hundreds of pages long. So, people would ... would apply the code monétaire et financier, and that's a very detailed code. So, that's the way, you know, that's the way we worked, you know, we'd say "Well this ... this prescription here or that prescription there is infringed" and ... and you ... you ... but-----

Just make a supplementary now, Senator.

And was there enforcement then? I mean, when you saw that, what kind of enforcement measures did you put in to make sure a bank came up to that bar - when you raised it - in a French context-----?

Okay, question made.

Mr. Cyril Roux

Yes, all right. So, enforcement ... and while saying it takes years, you know, and it ... it doesn't solve anything. You just say "Well we've noticed that in the past or recently you didn't do this", so you take years to develop, and you do the enforcement case, but you need to do the supervisory power. So, we ... you instruct or direct this to be solved by such and such a date. So, we say we'll give you three months to solve this, you know? For instance, you have a large exposure. You have too ... too much exposure to one counter-party, okay, so you've reached that. Okay, you do the enforcement case, that will take you several years. But you want this to be solved and ... and, so you ... you have to get into a robust conversation ... how long will it take the bank to reduce that exposure? And you can't ... sometimes if it's not just a securities that you're holding but a property or something, you know, to unwind you have to discuss it with the bank how much time you give them to unwind it. So, that's a ... that's a supervisory dialogue.

Thank you. Senator, or, sorry, Deputy Kieran O'Donnell.

Welcome, Mr. Roux. In comparison to the level of financial reports you've seen in your regulatory career previously, which I ... I think, probably in France, how well do you ... do you ... did the reporting to the Central Bank and, obviously, the Financial Regulator, by the Irish ... by the Irish banks compare?

Mr. Cyril Roux

Well, I think that ... actually, the same. You know, mostly because they have now been integrated with what we call COREP and FINREP, so constantly they did reporting and financial reporting. So, these are standards that are actually developed at the European Banking Authority and they are used throughout. The ... there were some elements that were-----

We'll say, I'm talking up to when these changes were made. How would the financial reporting by the Irish banks to the ... of the Central Bank or the Irish Financial Regulator have compared with what you would have seen in France?

Mr. Cyril Roux

Well, when I arrived, we were already with COREP and FINREP, it's just been increased by CRD IV, but we were already there. There are some parts that were not under COREP and FINREP, that's the liquidity reporting, because liquidity rules were domestic ... so, were national. So the liquidity ratio ... the French liquidity ratio is different from the Irish liquidity ratio when the reporting is ... is, you know, is ... according to domestic legislation. So, that would be quite ... that would be different. But, for-----

How was it different? How was the liquidity reporting and obviously the solvency reporting, how was it in France when you were there in comparison to what it was in Ireland when you came here?

Mr. Cyril Roux

Solvency reporting, that is in COREP and FINREP. So the own funds, the description of the own funds, the breakdown, the calculation of the requirement, all of that is in COREP and FINREP. For liquidity, it is not the same requirement so it is difficult to say. Everything that appears in the requirement is then detailed in the template, it is quite different. Anyway, now that is of the past really. Now we're working on a harmonised template. We are developing the liquidity templates.

I suppose Mr. Roux, you brought, you bring an independent voice in this area. Do you believe that the ... looking at it in hindsight, that the level of liquidity reporting in an Irish context from the Irish banks to the Financial Regulator and the Central Bank was of the same standard as the reporting from the French banks to the French regulator?

Mr. Cyril Roux

I really don't have sufficient detailed knowledge on the past liquidity reporting to comment, you know, to give you a full answer to that, unfortunately.

Do you believe that the current liquidity reporting by Irish banks is sufficient?

Mr. Cyril Roux

Yes, I do.

Okay. Can you ... just in a ... obviously a lot of the areas have been covered but I just want, in the French context, because you bring that flair in terms of France, why did France not have the same type of banking crash that Ireland had?

Mr. Cyril Roux

Because it had its banking crash earlier. In the 1990s, it had a real estate banking crisis in the 1990s and it learned its lesson then.

How did that manifest itself? What was, what was that crisis born out of? Was it property-related?

Mr. Cyril Roux

Yes.

What lessons were learned in France?

Mr. Cyril Roux

I think the same lessons that were learned here, you know, just concentration risks and tougher supervision.

What measures did ye bring in at that time that prevented France being, we'll say, open to the financial crash as Ireland was in 2008 and prior?

Mr. Cyril Roux

Well first you have to remember that I came into banking supervision in 2010, okay? And then I would say it is not all about the supervisor. It is also about the business model of banks. So the French banks in the main are universal banks, so they do not do only property-related lending; they do a lot of customer finance. We don't have ... there is no credit unions so the small loans are also part of the business model of the banks. Then, I guess, the structure of the economy is such that there is more industry to finance, so there is more industry financing. Aircraft leasing, aircraft financing and shipping is also done within the banks and not outside of the banks. It is different as well in the way that mortgages are protected through mortgage insurance and they are re-financed through securitisation and covered instruments are quite different from covered banks and the covered instruments, they are very different animals. Also they are a lot more internationally diversified than----

From what, from what your experience in France, are there elements that you would like to see incorporated into the regulation of Irish banks that would provide, I suppose, a further layer of protection from a further banking crisis coming down the road in Ireland?

Mr. Cyril Roux

I think what I can do, I think I have done that. So, bringing on-site supervision in, I think that's, that was very important. It's actually the first thing I said to the Governor when I arrived, even before I arrived in September 2013, I said, "well it's great, you know, all the work that you have done but there is one big supervisory element missing and that's on-site supervision". So I have brought that to banking and I hope to bring that to insurance and other parts of financial regulation.

Are you satisfied that the level of on-site supervision in banking is now sufficient?

Thank you for taking my question there. Can I just move it into that to wrap up?

Sorry. It was a logical question.

Yes, I know and it like tees it up for me to wrap it up actually Deputy O'Donnell, before I bring in Deputy McGrath and Senator O'Keeffe. So-----

Are you satisfied that there is sufficient-----

Mr. Cyril Roux

On-site supervision? Well we're starting. It is the first year but I think we have a good plan, it is very well run. The staff are really good. So it is just inexperience, they have not done it for years, you know, so-----

How do you overcome that?

Sorry Deputy, you are out of time. So on the same vein Mr. Roux, in your opinion is the current supervisory regime robust enough to prevent another crisis?

Mr. Cyril Roux

I think it is well designed to monitor and react accordingly to the same crisis. Whether we are well equipped against cyber risk or, you know, a very different crisis, I cannot give you full assurance. I do not know, we do our best. We challenge ourselves, we try and recruit IT specialists and to take that one example, so we are very alive to the fact that there are a number of risks weighing on the banking system and the financial system, not just credit risk.

That brings me into my second question to you. In an earlier exchange with Mrs. O'Dea this morning on the genesis of crises and how they arise, one of the things that came under discussion was the belief system that because the previous crisis has now seen measures implemented that it is different now to what it was in the past, which is a belief system saying that it most likely won't happen again. So in that regard, could I ask you what changes and recommendations, if any, are still outstanding from the previous reports and are there plans to introduce these changes into the future?

Mr. Cyril Roux

If you ask me what remains to be done, I think on supervision and regulation we have a lot unfolding. For instance the CRD IV and the BRRD and the single resolution mechanism, all of that will take the better part of a decade to unfold. We are not finished. There are wider risks in the financial system and they are being addressed through a great many regulations, such as securities financing, CSDR, SFDR and all of these regulations that will unfold. There is something quite important I think that is outside of my remit but it is very important, is the accounting part. We are still working with accounts that are based on incurred losses, not expected losses. For an insurance supervisor this is astonishing and they will have to wait until the end of the decade to move to expected losses in the accounts of banks. This is really bad. Another thing which I think is really problematic is the tax advantage which is given to debt financing, so we are just encouraging a debt finance economy instead of an equity finance economy. It is not good. So there are things that are very important.

Can you just cite an example of that, how the debt financing is actually working and what the problem actually is with it? Can you put that into layperson's terms because people watching in on this may-----

Mr. Cyril Roux

Well, it's just, when your interest are tax-deductible, it is better to finance yourself through debt than through equity.

Is there anything else you would like to add to that?

Mr. Cyril Roux

No, thank you.

Okay. So, wrap up. Deputy McGrath and then Senator O'Keeffe. Deputy.

Thank you very much Chair. Mr. Roux, I would like to ask, you mentioned that the decision to take actions against large Irish banks rests with the ECB. Can I ask who recommends that action? Is it the supervisory teams of the Central Bank of Ireland or the supervisory teams from the ECB?

Mr. Cyril Roux

Well there is one team and it is called the JST, the joint supervisory team. The joint supervisory team is made of people in Frankfurt and people here for banks which are smaller than or which are, you know, not the very biggest bank in Europe. There is one person in Frankfurt for our banks, for each of our banks, so that person is called a JST co-ordinator and it is that person who decides with, you know, working through their hierarchy what to do. But they are working daily. They are exchanging throughout the day, every day of the year on these banks.

Okay. So there is no risk of an information gap between people who are working on the ECB side and people working on the national supervisory authority side in respect of individual banks?

Mr. Cyril Roux

Well, you know, you have people working here and people working in Frankfurt, but they are working full-time on the same bank. They are part of the same team. It is a joint supervisory team, it is just they are located in two countries.

Okay, and information is flowing freely between people based here and people based in Frankfurt.

Mr. Cyril Roux

Yes.

They are the one team.

Mr. Cyril Roux

Yes.

Can I ask, Mr. Roux, do you support the position of Governor Patrick Honohan that the Department of Finance should seek to block payments of up to €270 million to the remaining junior bondholders in IBRC?

Mr. Cyril Roux

I really don't know the specifics of the case. The Governor told me a little bit about it. It's-----

It was on the Irish Independent yesterday.

Mr. Cyril Roux

-----a lot more complicated ... it's a lot more complicated than meets the eye, so-----

... 18 months for the terms of reference as well there-----

Well, I would dispute that, Chair,-----

Yes, I know.

-----because the BRRD deals with resolution and bondholders and junior bondholders not being paid. This is the work-out of that in an Irish context, so I would argue it's directly relevant.

It's a good try. We'll discuss it over lunch. Next question, Deputy.

Well, I would like a more detailed answer to the one I asked. Do you agree with the Governor's position?

Mr. Cyril Roux

Okay, if I understand well ... if I understand well, there were provisions made in the bond contract that ... under which payment would not be made but these were annulled by an English court and it's on the foot of the decision of a UK court that now payment must be made. So, I think the ... look, this is what the Governor told me, I haven't looked in the case. I understand that a case can, you know, that the basis of his exchange with the Department of Finance, that a case can still be made based on the published intention of the Government at the time the contract was written. So, this is contract law, this is exactly, I think, I would say, this is exactly the kind of discussions we no longer want to have under BRRD and that's why we're working on resolution plans and we are working so that the securities issued, the bonds that are issued by banks or by their parent, by their holding companies, are very clearly "bail-inable" and we don't have this-----

Mr. Cyril Roux

You know, we know that kind of securities is ... will always be subject to court proceedings and to discussions and we don't want that anymore and that's why the BRRD is there.

Finally, can I ask, Mr. Roux, you spoke a while ago about the new risks that are emerging? Can I ask if risks which you identified yourself, such as interest rate risks, the risks of IT systems in banks, for example, are they now greater risks for the banking system than concentration risks, such as lending too much to any one sector of the economy and, if so, what is the Central Bank doing to reduce those risks?

Mr. Cyril Roux

Well, we've put these risks in the priorities, the SSM priorities, okay? So this is ... so when we do our planning at the ECB - on "What are we going to spend time on? Where are we going to do our on-site supervision? Where do we concentrate our work?" - we have decided in 2015, and it will probably, you know, continue next year, that we spend more time ... we devote more time on this. So, it's just allocation of resources and expertise. Now, on the regulation front, there's more as well. The Basel committee, for instance, has published a consultation the day before yesterday on management and monitoring of interest rate risks.

Thank you. Senator O'Keeffe?

Thank you. We have been told by other people that part of the Financial Regulator's job in the past was to support the growth of the financial industry in Ireland.

There's interference there now, Senator, coming from somewhere.

Support of the financial industry in Ireland-----

Mr. Cyril Roux

Yes.

-----particularly the IFSC.

Mr. Cyril Roux

Yes.

Is that still part of your remit?

Mr. Cyril Roux

No, it has been explicitly removed from the Central Bank remit with the Central Bank Reform Act 2010.

Just go back to fines for me for a moment.

Mr. Cyril Roux

Yes.

We talked about fines.

Mr. Cyril Roux

Yes.

Is there a timeframe laid down for a company that might be fined? Does it get a month, or six months, or a year to pay the fine and, if so, are companies paying their fines?

Mr. Cyril Roux

The answer to your first question I don't have but I have been ... I have not been told there has been any problem in recouping the fines from banks. I think banks pay the fines, you know.

And where does that money go?

Mr. Cyril Roux

I think it goes to the Exchequer.

Okay. How would you describe the political influence, if any, on the Central Bank Financial Regulator's office now?

Mr. Cyril Roux

I've had no interference at all from the Government.

Have you ever had cause to meet the Minister for Finance or officials from the Department of Finance, or either, or both?

Mr. Cyril Roux

I've not met the Minister for Finance but I've met him in the plane, we were in the same plane to go to Riga, but Department of Finance, we meet every month and, as you've said, we exchange letters and we speak on the phone and I think we'll be speaking more on the phone and writing less in the future.

Okay. And finally, if you were to use ... sorry. If you were to look at banks now, today, in your capacity, in your office, can you see clearly whether a bank, any bank, has very high exposure, a very high concentration to any ... you know, concentration, say, to-----

Mr. Cyril Roux

Yes.

You can see that?

Mr. Cyril Roux

Yes, we can.

And is there any way of a bank hiding that?

Mr. Cyril Roux

You can always ... yes, there are ways of regulated firms to hide things. They can make accounts that are not trustworthy and they can ... that's very difficult for supervisors, when the returns have been doctored. It is more difficult because we work on the basis that they are not and we've ... we rely on audits, external auditors, to ensure that they are not and it's ... it takes a very experienced supervisor to detect that there has been ... you know, that the accounts and the returns have been doctored.

And finally what words would you describe ... use to describe the banking system today? Would you say it was robust, or frail, or in a flux, or what words would you use?

Mr. Cyril Roux

Our banking system today?

Mr. Cyril Roux

It's quite frail. All the banks, or most of the banks, are under restructuring plans. They have very large non-performing exposures. They have weak profitability and I have to say, as you were talking about political influence, that political pressure is, you know, built on them to reduce yet further their profitability and that's something that has ... worries the ECB because, if they're not profitable, then they will veer away from their restructuring plans and that will spell a lot of trouble for these banks.

How does the ECB show its worry?

Mr. Cyril Roux

Well, we monitor very closely and, at some point, will say, "Well, you're off and you need more capital." So, you know ... or, you're ... you know, at some point we can say, "You're not viable", you know. "You're not returning to profitability, you're not viable. You said you would get this net interest margin of this and that and you are not there, and you are far from it. You're not returning to profitability." And then, you know, at some point you make the decision, "Are you likely to fail, because you haven't proven that you have the path to return to profitability?" So, you have to be very careful of what you wish for.

So, with that said, I'd like to bring matters to a conclusion now with you, Mr. Roux, and to thank you for your participation today with the inquiry and for your engagement with the inquiry and to formally excuse you, as I propose that we suspend the meeting until 2.20 p.m. No.

He is now joking.

Until 2.55 p.m., and we'll return at that time.

I promise to be back in time.

Great stuff, is that agreed?

Sitting suspended at 2.08 p.m. and resumed at 3.10 p.m.

Central Bank-Financial Regulator - Mr. Tom O'Connell

Okay, so, with that said, I now propose that we move back in to public session, is that agreed? And we deal with session 3 this evening ... or this afternoon's public hearing is with Mr. Tom O'Connell, former assistant director general and chief economist, Central Bank. The Committee of Inquiry into the Banking Crisis is now resuming in public session and can I ask members and those in the public Gallery to ensure that their mobile devices are switched off.

Today we continue our hearings with senior officials from the Central Bank of Ireland and Financial Regulator and at our session this afternoon we will hear from Mr. Tom O'Connell, former assistant director general, chief economist at the Central Bank. Tom O'Connell joined the Central Bank of Ireland in 1970 as an economist, he was appointed assistant director general of the economics division in April 200. As chief economist, his responsibilities were economic analysis, research and publications, monetary policy and financial stability statistics. He retired in 2010. Mr. O'Connell, you are very welcome before the inquiry this afternoon.

Before hearing from the witness, 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 you are directed by the Chairman to cease giving evidence in relation to a particular matter and you continue to do so, you are entitled thereafter only to a qualified privilege in respect of your evidence. You are directed that only evidence connected with the subject matter of these proceedings is to be given. I would remind members and those present that there are currently criminal proceedings ongoing and further criminal proceedings are scheduled during the lifetime of the inquiry, which overlap with the subject matter of the inquiry. The utmost caution should then be taken not to prejudice those proceedings.

In addition, there are particular obligations of professional secrecy on officers of the Central Bank in respect of confidential information they've come across in the course of their duties. This stems from European and Irish law, including section 33AK of the Central Bank Act 1942. The banking inquiry also has obligations of professional secrecy in terms of some of the information which has been provided to it by the Central Bank. These obligations have been taken into account by the committee and will affect the questions asked and answered which can be lawfully given in today's proceedings. In particular, it will mean that some information can be dealt with on a summary or aggregate basis only, such that individual institutions will not be identifiable.

Members of the public are reminded that photography is prohibited in the committee room. To assist the smooth running of the inquiry, we will display certain documents on the screens here in the committee room. For those sitting in the Gallery, these documents will be displayed on the screens to your left and right. And members of the public and journalists are reminded that these documents are to be confidential and they should not publish any of the documents so displayed.

The witness has been directed to attend this meeting of the Joint Committee of Inquiry into the Banking Crisis and you have been furnished with booklets of core documents. These are before the committee and will be relied upon in questioning and form part of the evidence to the inquiry. So, if I can now ask the clerk, in commencing proceedings, to administer the oath to Mr. O'Connell. Thank you.

The following witness was sworn in by the Clerk to the Committee:
Mr. Tom O'Connell, former Director General and Chief Economist, Central Bank-Financial Regulator.

Okay. I thank you again, Mr. O'Connell, for being here this afternoon and if I can invite you to make your opening remarks to the committee, please.

Mr. Tom O'Connell

Thank you very much, Chairman. If I may take it ... the committee through my opening statement. Thank you. Ireland’s banking and economic crash should never have happened, should never have been allowed to happen, with all the consequences of huge increases in unemployment, rising emigration, enormous debt, suicides, etc., that we have seen. As well as addressing the aspects that I have been asked to deal with by the joint committee, I would like to talk about our experiences from my perspective as the head of the economics function in the Central Bank from 2005 until 2009.

In his report on the crisis, Professor Honohan described what happened here as a world-beating property bubble. As early as around the turn of the millennium, the head of the IMF Article IV mission to Ireland, James Morsink ... I remember him saying to us that a country could not prosper on the basis of selling property to one another at increasingly elevated prices - an obvious truism. The huge excesses here are well known, but I think that it is worth recalling some examples. As Donal Donovan and Antoin Murphy have noted in their book on the crash, the size of Anglo Irish Bank’s balance sheet in 2007 was six times what it was in 2001. The former chief executive of Bank of Ireland himself has stated that it took Bank of Ireland 200 years to grow its balance sheet to €100 billion; it took only four further years for the second €100 billion to be added on to reach €200 billion. And, of course, Bank of Ireland was the most conservative of all the Irish banks. A further example of the absurd mania at its height was the fact that a small site in Ballsbridge was acquired for €174 million at the height of the crisis - at the height of the boom, I should say - and purchased not so long ago for €22 million, that’s a fall of 87% ... you know, an indication of the huge excesses that we experienced.

If I can turn to the independence of the Central Bank, as you know, the Central Bank’s independence is established in law, essentially as a result of the EU treaties and the ECB statute. There's a reason why central banks are legally independent - so that they can take tough, unpopular decisions when required, without regard to populist government priorities. This applies, in particular, to monetary policy issues. However, it has to be asked how independent the Central Bank was on other matters. Patrick Honohan, in his report, stated that the authorities displayed undue deference to the banks. In my view, this applied equally to the authorities’ relationship with Government. Was the Central Bank going to act independently, and to possibly take unpopular decisions, if the Governor was always appointed by the Minister, with whom he had worked intimately for many years prior to his appointment, and with the Secretary General of the Department of Finance always serving on the board of the bank? Further, the boards of the Central Bank and regulator were also heavily weighted with political supporters of Government. In practice, it was my experience that any concerns or issues raised by staff for airing in the public arena were invariably watered down so as not to reflect adversely on matters of concern to Government. That was an undesirable state of affairs. While vested interests can be cheerleaders for asset prices, the authorities have a duty to be unflinching, straight and upfront on these matters.

I think it would be useful for me to reflect on the governance arrangements in the Central Bank. The decision-making entities in the bank in my time were the board and the Governor. The staff provided reports and advice to the board and Governor through the director general and deputy director general - what we economists would call the "kitchen cabinet", if you like. Now, some time ago, Dr. T. K. Whitaker, perhaps Ireland’s most eminent public servant, regretted the passing of the stage where public servants gave their advice and opinions objectively without reference to political or populist issues, or to anticipate what might be welcomed by the Minister. In the Central Bank, it was difficult to get views through that might impinge on vested interests. For example, as land and property prices escalated to bizarre and absurd levels, I had written, in a low key way for the bank’s bulletin ... comment in its quarterly bulletin, that there was a need to consider the issue of rezoning more land for building in order to increase housing supply. That’s also an issue of course of continuing relevance at present. I saw Colm McCarthy writing in the newspaper last Sunday about that. But that was blocked from reaching a higher level in the bank in the light, in my view, of political and property interests on the bank’s board. Of course, as the demand mania for property took off against the background of restrictive zoning which limited the supply of housing, the inevitable result was huge property price inflation.

I think I should also say a few words about the relationship between the Central Bank and IFSRA – the financial regulatory authority - at least from the perspective of the economics function in the bank. While, at the operational level, the bank interacted with the banks through market operations - in the wholesale payment system target, for example - there was little or no contact after 2003, when the new regulator was set up, on major policy matters. As far as I could see, contact with banks was primarily effected through IFSRA. This was such that at a certain point, I think towards the mid-noughties, the Governor began to arrange high-level meetings with the main banks at occasional intervals to discuss ... discuss the big issues. I would have attended quite a lot of these. Further, in the bank, we had no knowledge of the large exposures of the banks to individual developers. Such data were rigorously concealed from my level in the bank. Of course, we were aware that banks’ aggregate lending was increasing enormously and was concentrated in the property sector. I had a discussion with one of the consultants that was brought into IFSRA after the crash. I mentioned to him the name of one large developer, he, in turn, asked me how much I thought that ... that developer might have outstanding in borrowings. I suggested €1 billion; he said I could triple it. That, and newspaper reports that 15 borrowers from Anglo Irish Bank had borrowings in excess of €750 million each, together with the disclosure at your inquiry here that 20 developers had total borrowings of between €21 billion and €22 billion, were news to me.

It's sometimes said that nobody seemed to know that a property boom or bubble was developing. That's ... that is completely incorrect in my view. You will recall, for example, that, in his evidence to your committee here, Peter Nyberg - himself the author of a report on the collapse - asserted that it was obvious that a property-lending mania was afoot. At the decision-making levels in the bank, either people were unaware of what was happening, despite the clear evidence, or they were aware and chose to do nothing. Either way, it all seems quite incomprehensible to me.

While the bank in its public utterances presented a low-key assessment of what was happening, that is not to say it was not fully aware of the major excesses. The annual financial stability reports reviewed comprehensively what was happening and Patrick Honohan’s report acknowledged that the three major excesses were well recognised in the FSRs, the Financial Stability Reports: there was the huge increase in bank lending, the concentration of this lending in the property sector, and the very large reliance on the ... by the banks on potentially volatile wholesale funding. The main body of the stability reports set out extensively how almost all indicators were pointing massively in the wrong direction. By contrast, the overall assessment and tone which reflected the views of the two boards tended to be reassuring – talking of a soft landing, and so on. In fact, I should say that one member of the board did have grave doubts, to the effect that I can recollect his words still ringing in my ear, "It was all a house of cards and would all end in tears". However, his views appear not to have had any impact on policy-making in the bank. Notwithstanding that director’s views, it was probably necessary, in any event, to present such a rather hopeful overall assessment in public since the Central Bank could hardly conclude that the banks were about to collapse. However, whatever the published assessment, the authorities should have been working assiduously behind the scenes to curb the huge excesses and reckless lending of the banks – egregious risk-taking, as Patrick Honohan has termed it recently in his speech.

I don't want to go right through the whole thing, but I point out on page six of my opening statement there that, as another confirmation of us being aware of the problems emerging, the Governor and his letters to this Minister pre-budget frequently flagged the very high increase in the bank lending and the property prices and by implication, the natures of something above that. So it wasn't as if we were unaware of these things. In fact, you may recollect, the Government itself, through the Department of the Environment had around ... I think it was 1999 ... requested three reports from the economist, Peter Bacon, to assess what could be done to alleviate rising property prices.

Around that time, a memo was sent from the economics function of the bank to the then Governor, recommending that bank lending to the property sector needed to be reined in. For many years in the past, some of you may recollect the Central Bank had actually imposed credit ceilings on banks in the interest of prudence. The response to the note, which was sent up to the Governor, was that he would have to consider bringing this proposal to the board, which is fair enough. However, at the top of the note were the words, evidently added subsequent to the first comment, "That is out of the question". I have a copy of that memo as well.

Other specific responses given to me in reply to my pleas to rein in the banks were, verbatim: "The Central Bank is not going to disadvantage the Irish banking sector", and "The Central Bank is not going to collapse the construction sector", when, you know, construction sector really took off and we were completing 90,000 houses, or close to that, in 2006. On another occasion, when bank lending to the property sector was increasing at the astronomical rate of 65% year on year, I urged a very senior member of the Financial Regulator staff, that bank lending to the property sector needed to be curtailed. The response that I was given was that the lending was secured on property – that's true in almost all other property-related banking crashes that proved to be worthless when property prices crashed from unsustainable levels. I, personally, was also specifically prevented from bringing forward to the bank’s financial stability committee, data on house price levels across Europe that showed the extraordinary heights prices had reached here relative to elsewhere. In fact, prices here were higher than anywhere else in Europe, any capital city, Amsterdam, Brussels, etc, except for central London. And of course, central London is a special case where you've got Arab sheikhs and Russian oligarchs and so on, buying properties. So, the net result was that the powers-that-be preferred to adopt an ostrich-like approach to the massive problem. I offer a few more examples there of the extent to which people were not willing to recognise the problem that was emerging at the top of page 8.

If I may go on ... in fact, in addition to the red flags in the stability reports, which Patrick Honohan recognised in his report, a financial expert has also reviewed the annual reports of the Central Bank over the years in the journal studies of spring 2009 and he has come to the same conclusion that the authorities were well aware of the dangerous situation that was developing, but decided to do nothing. In fact, what Peter Nyberg, who interviewed me ... the author of the banking report ... he kept asking me "Why did nobody do anything?" ... several times "Why did nobody do anything?" And I am afraid that the answer has to be that the authorities simply did not wish to do anything. And actually, Peter Nyberg also asked me why I did not publish a newspaper article on the bubble. I said to him that that would have been highly unorthodox - it would be like a civil servant, you know, writing an article in the newspaper, criticising the Minister of financial policy ... it just wouldn't be on ... in any event, I don't think it would've had an effect at a time when the Taoiseach was saying that anyone who was questioning the sustainability of what was happening should go and commit suicide. And in fact, you should recollect in the event when Morgan Kelly ... Professor Morgan Kelly wrote about the probability of a crash, he was derided - he was literally shouted down at an economics conference where he was presenting his paper on the property market. So, you know, people didn't want to know.

In fact, one also has to ask whether there was any appreciation in the commercial banks that things were getting out of hand. On the face of it, it would seem that certain divisions of the banks – maybe the capital markets divisions - were in fact well aware that we were experiencing a property bubble. You have to ask, "Why else would the two main banks have decided to sell off their headquarters buildings and major landmark branches at colossal prices at the height of the bubble?" Was it the case that their lending colleagues in the banks were, at the same time, even financing, in whole or in part, the acquisition of these premises? And from the Central Bank side, you know, one has to ask, "How did the Central Bank see the erosion of the banks’ deposit base being halted as the Central Bank pumped increasingly vast amounts of liquidity into the banks to prop them up?" In fact, you may be aware of the fact that the total ... the maximum amount ... or at its peak rather, the amount of liquidity pumped out into the banks was €140 billion, you know, with the ... both from the Central Bank and the ECB. I mean, once you spell that out, that's €140,000 million - there are 12 digits in that. So, you can well understand why the ECB was jumping up and down when the accommodation provided to Irish banks was at ... was at that massive level.

Now, if may I turn to a few words about the role of economists in the Central Bank. During the critical period 2000 to 2007 when the property mania was at its height, none amongst the top three executives in the bank was an economist – not that economists are the fount of all wisdom, I would have to admit. This would have been less of an issue if there was a willingness to listen to the views of economists, I would admit. You may recollect the Canadian expert, Rob Wright, saying to you here that he noted the relatively small number of economists employed in the Department of Finance, having 7% of staff being economists compared with 60% in Canada’s Department of Finance. This aversion to economists really carried over to the Central Bank, I would admit, and was part of the problem.

In addition, the Financial Regulator employed very few economists. A member of top management in the bank put it to me on one occasion, that the bank wants economists and other specialists to be "on tap but not on top". So, economists were in a sort of cul-de-sac. And this rather recalls the episode in the early 1920s when the Governor of the Bank of England, Montagu Norman, said to the chief economist, "You are not here to tell us what to do, but to explain to us why we have done it".

However, it is the norm now in almost all central banks for economists to occupy the great majority of the top decision-making positions for the obvious reason that central banks are primarily concerned with issues in the area of macroeconomics, monetary policy and financial economics. On the other hand, in Ireland, the top positions in both the bank and Financial Regulator were filled traditionally by administrators and accountants. Accountants by their work and training are concerned with detail, but do they always see the bigger picture? The clean bill of health given by external auditors to all the banks right up to and even beyond the crash would suggest otherwise. In fact, you may recollect, I checked it out there on the website, the Anglo-Irish bank profits in November 2008 were declared to be €784 million and that was post the Lehman's problem in September 2008. It would seem to me that accountants tend take a more backward-looking perspective on a balance sheet ... I mean, that's maybe what they're expected to do ... whereas examining a balance sheet from an economics perspective would entail a more forward-looking consideration. Perhaps, in the wake of the crash, now, it could be argued that the type of appointments within the Central Bank structure, has lurched too far in the other direction, with economists predominating at the top of the bank and regulatory function. In my view, there should be a diversity of skills and backgrounds at the highest level of the bank and Financial Regulator.

Having said that, it is quite extraordinary that, at the highest level, there seemed to be a blindness to the fact that there had been a whole series of recent property-related banking crashes - we had them in Japan, Finland, Sweden, the savings and loan sector in the US, Norway, the Lawson mini-boom in the UK 1989, 1990. Of course, the sub-prime crisis in the US itself and the related securitisation of mortgage assets that led to massive losses for many international banks was also a property-related phenomenon. And one shouldn't forget that in the years leading up to the crash, the Bank for International Settlements, the BIS, of which Ireland, through the Central Bank, is a shareholder, had also been warning consistently for some time about the runaway evolution of asset prices with wholly inadequate attention being paid to risk.

Despite all of that, there seemed to be little interest in such experiences elsewhere, with the implicit belief that they had little relevance for Ireland. In my view, this was a manifestation of a closed mind and an unwillingness to learn. While economists were well aware of these banking debacles, their relevance to Ireland did not seem to register at a level where it should have done. The view seemed to be, as the cliché has it, that the time ... this time is different, or we are experiencing a new paradigm.

Now, some people suggest that it was the collapse of Lehman's that brought down the Irish banks. Now that event didn't help clearly, as Lehman's failure did greatly affect liquidity flows, interbank lending, etc. However, as the UCC economist, Seamus Coffey, noted in a radio interview some time ago:

Ireland's crash derived from developments between 2002 and 2007. Our problem was a pre-existing property bubble, before Lehman's hit.

And related to the fact of the enormous increase in bank lending, Irish banks of course were significantly dependent on borrowing from the wholesale markets, which were greatly affected by the Lehman's event. Countries that had no such bubble, small countries like Belgium, the Netherlands, and Finland, they experienced some problems associated with the failure of Lehman's, but nothing on the scale of Ireland's banking crash and collapse. Our problem was a banking insolvency one. As Professor Honohan's report put it, the source of our problems was homegrown. Those who suggest that Lehman's brought us down are almost wholly wrong, and are merely seeking an external scapegoat, not the first time this would have happened in Ireland, in my view.

It was also suggested that, being in the eurozone, we were the victims of huge capital inflows to Ireland. This again is a fairly thin argument. Ireland participated in a quasi-monetary union with the UK from 1825 to 1979, when we joined the EMS. We have plenty of experience of living in a monetary union. We also joined the euro with our eyes open. If monetary conditions were not particularly optimal from Ireland's point of view, the corollary was that other policies should be used to deliver the appropriate economic conditions. This would have meant, inter alia, restrictive fiscal policy as well as a tightening of bank regulation. However, this would have run counter to the naive populist policies of the then Government.

In summary, it was crystal clear from about the turn of the millennium, and even before, Ireland was experiencing a major property bubble; "a world beating one", in Professor Honohan's words. It is not credible that those who ought to have been aware of what was happening were in the dark. One can only surmise that, as Professor Alan Ahearne has said here to your committee, too many people were benefitting from the boom time for prudence avoidance ... prudent avoidance measures to have been taken. Such necessary measures would not have been popular, but that should not weigh with those whose duty it was to ensure the country did not experience the catastrophe that we so painfully and unnecessarily suffered.

Now I know, Chairman, that you want to derive some lessons from the crisis too, so I've jotted down a couple of points there, but I will leave it to yourselves, you know, to take those on board as you see fit. Thank you very much.

Okay, thank you very much for your opening comments, Mr. O'Connell. And before I bring in the lead questioners, I just want to locate and clarify a couple of matters with you. As the economist in the Central Bank, did you actually sit on the board, or attend board meetings, and engage actively with presentations and discussion and contributions at board level?

Mr. Tom O'Connell

No, Chairman, I wasn't on the board. And I would have attended the board for short sessions where economic papers were being presented, and I would have presented myself from time to time, and some of my specialist economic colleagues would have presented papers too on issues, yes.

So you'd have been at boards on an invite and occasional level rather than each and every given board member ... meeting?

Mr. Tom O'Connell

That's true, Chairman, yes.

Okay. So in that regard can you remember any CBFSAI board discussions, or discussions between your department and the senior management of the CBFSAI on the rather positive message conveyed in the 2007 financial services ... the stability report, the financial-----

Mr. Tom O'Connell

Yes, well, as I was suggesting there, the financial stability report, the body of it and the analysis would have been prepared in the financial stability department. Prior to maybe about 2005, there would have been significant input from the regulator, when they actually employed an economist at that point. But from there on-----

And you would have been part of putting together that report in-----

Mr. Tom O'Connell

Yes, I would have had an input into that, yes.

For clarity purposes, the 2007 report is a reflection of what's happening in 2006?

Mr. Tom O'Connell

No, it would have ... I think it was published in maybe November 2007, so it would have taken things right up through autumn 2007. Now, the way it was processed, if you like, was that there would be a joint board meeting of the ... with the CBFSAI and the Financial Regulator, and the body of the report will be presented, or the details, you know, the crazy lending, the concentration on property, the funding issues of banks, the indebtedness of the personal sector, all this sort of thing would be covered, and graphs and tables and other things shown to people. And the editorial, if you like then ... there probably would have been a draft editorial presented for the joint boards to consider. They would do ... have a lot of discussion about that. So the tone of the whole report would have been embodied in the editorial, and that would have reflected the views of the bank. In fact, it's probably of interest, I should-----

We'll come on to that in a moment.

Mr. Tom O'Connell

Sorry.

But I just want to stay with a particular area with you, and I'm very grateful if you want to expand again later on, Mr. O'Connell. But Professor Honohan called this report and the message that was invoked in it "a triumph of hope over reality". It's in the Honohan report, section 6.45. Would you care to comment upon that observation?

Mr. Tom O'Connell

I couldn't ... I wouldn't disagree too much with that, you know? But, as I said, even though a lot of the ... nearly all the indicators were pointing in a very bad direction in the body of the report. The financial stability reports normally had to conclude, and in fact when I was interviewed by Donal Donovan and Paul Gorecki from the ESRI for the Honohan report, I'd no sooner taken a seat for the interview when they say ... they took out the 2007 financial stability report and they read the third paragraph, I can recollect, and they put it to me: "Wasn't that very complacent?" And my recollection of that paragraph was that it starts ... it said "The risks in the financial stability ... in the financial system have increased and our" ... it's all worrying but it'll be all right on the night. Now a central bank probably couldn't say anything else, you know, other than that, so ... in fact, as you probably know, the financial stability reports have ceased since then, and ... because they could never conclude other than that "things are manageable." If they said, "The banks are going to fall over", you'd have a run on the banks massively.

Under questioning two weeks ago, when Patrick Neary was in, on putting together the report and how the tone was set in it, and everything else, I put a number of propositions to him that late 2006, a discussion about the future of stamp duty had come on the table. I think it was the ... Michael McDowell, sometime in or around early September 2006, made a comment about it, the housing market was slowing down anyway but the speculation over stamp duty certainly had an immediate impact upon it, and the ... there was a slowdown in purchase as well. There was an assessment that the housing ... that the housing sector and construction sector was 24% of the Irish economy, twice of what it should have actually been, there was a whole load of information there with regard to loan-to-values, 100% mortgages, and, as was borne out later, that there was a structural deficit as well that was going to be faced because a lot of taxes were based upon consumption, and if consumption dropped, as we saw with the entry to the bailout programme, there was a shortfall of €30 billion. So when I put that proposition to Mr. Neary, Mr. Neary's response was, "Well, in the background that you have just presented there, Chairman, I think it does call the assessment into question." This is the 2000 financial ... or the 2007 report. "And you know I think reading that now and looking back on it, I think the message coming out from that statement to me is 'don't spook the horses.' That's clearly the message there." Was the report ... would you agree with Professor Neary's, or care to comment upon Mr. Neary's statement there that it was an exercise in not spooking the horses?

Mr. Tom O'Connell

Yes. No matter how ... I mean, if the analysis of the indicators proved to be positive, you could certainly say things were fine. If the analysis proved to be negative, a central bank had to sort of put a positive gloss on things rather than frightening the horses. I think you're right. So it's a sort of a predicament, you know. You may recollect when the Northern Rock run happened, it happened because somebody, and I'm not sure whether it was the Bank of England or some commentator, they mentioned that emergency liquidity was being supplied to Northern Rock. So the use of the word "emergency" caused that run. So, you know, that would confirm to you that you had to be very careful, and maybe be elliptical about one's assessment of the overall picture, but it was pretty clear to me that, you know, we had a major property bubble and it had to burst at some time. One could never say when, but that was underlying the ... what was happening in the Irish economy.

Just returning back to that report, Professor ... or, sorry, yes, Patrick Neary was also on record as saying that the tone of the financial stability report for 2007 was very much set by the Governor and the board, that that ... the final narrative in that regard. I'd like to focus upon your specific role, however, and in your statement you state ... and this is in general activity in the Central Bank. In your statement you state you were instructed to contact authors to retract their published views.

Can you provide further information on this, bearing ... being mindful of section 33AK, but how were these requests made to you and how did you follow through on these requests?

Mr. Tom O'Connell

Well-----

I'll ... I'll give you two examples there. It'll come up on the screen at the moment, you say, "when around 2005, ... Alan Barrett had expressed a view in an ESRI Quarterly Economic Commentary that the banks were in a rather fragile state, I was instructed to request the Director of the ESRI to ensure that such comments were not published in future". You then go on say, "In the 2007 Financial Stability Report [that we just discussed], a deliberate decision was taken to delete the conclusions of a research study updating the extent of the overvaluation of Irish property services". So, going back to you again, can you provide further information on this as to how the request was made to you and how, how these ... and how did you follow through on the request with regard to these matters?

Mr. Tom O'Connell

Yes. Well, in relation to the Alan Barrett comment, which was at ... I think it happened at the launch of the ESRI quarterly commentary, and I think the reference to the fragility of the banks was actually in the quarterly commentary, I was, I was asked by somebody senior to me in the bank to ring Frances Ruane in the ESRI, which I duly did, and asked that, you know, those references should not arise in the future. Now to some degree that's understandable, you know. If the leading research institute is commenting on the possibility of the banks collapsing, I mean, it's one thing to try to sort of cool down those comments but I would argue that behind the scenes, something should be done to prevent that happening and that really wasn't happening at that time.

But what was the rationale for ... can you explain just the rationale as to why ...whether you call this a censorship or an editorial position or trying to create a particular narrative on something, what was the rationale underpinning all this?

Mr. Tom O'Connell

Well, I think, as I said in my opening statement, the, the view in the banks seemed to be ... and I mean, this came out very clearly when we were ... we would be discussing or interacting with the IMF and the OECD, in particular with the OECD country reports, it was embarrassing. When I used to go to Paris to ... with people to look at the reports, almost every line was parsed, and any, anything of a negative nature needed to be taken out. So, for example, if ... let's say if the OECD was saying that the house price increases are "very significant", they would be asked to maybe alter that to "quite significant", you know. I felt it was quite embarrassing. My attitude to these things was the IMF came here for the Article IV missions; we spoke to them, we gave them our views. My attitude was, let them go off and make up their own minds and come back and if their view is different from ours, having considered what we had said to them, so be it. And if they have different views from those prevailing in the country as a whole, I think that would help domestic economic debate.

To come back to the question I'm asking you, you say you were instructed to request a director of the ESRI to ensure that such comments were not published in future, and then you say "a deliberate decision was taken to delete the conclusions of a research study updating the extent of the overvaluation of Irish property prices". Now-----

Mr. Tom O'Connell

Yes Chairman, in relation to the second one, that was ... that decision, I mean, what would have happened would have been the stability reports would be drawn up-----

Did you?

Mr. Tom O'Connell

Pardon me?

Did you actually carry out those actions? You instructed------

Mr. Tom O'Connell

No, no, no, I didn't personally delete the, the ... updated the research study.

No, but you said that you were instructed to request a director of the ESRI to ensure that such comments were not published.

Mr. Tom O'Connell

Oh yes, I did that, yes.

You carried out that action?

Mr. Tom O'Connell

I did that, yes.

Mr. Tom O'Connell

Otherwise I would have said. I was-----

And what was the nature of the discussions between you and the authors of this content?

Mr. Tom O'Connell

Pardon, sorry?

What was the nature of the discussions between you and the authors of this content? Both the-----

Mr. Tom O'Connell

Well, in relation to the update of the research study, which is the third item I think I mention on the opening statement there, no, the way the stability reports would be prepared, they'd be drawn up by the technical experts, if you like, sent up the line, deletions had been taken out, so at ... it will be at that point where somebody would say "we're not going to put that in", so it will be deleted. So, I mean, our ... our seniors, if you like, had the option of deciding what goes in or what wouldn't go in. So, I wouldn't have taken that out myself. It would have been-----

I'm going to return to this again, Mr. O'Connell but I just need to wrap this up. Would these be considered contrarian views?

Mr. Tom O'Connell

Are you talking to me saying this?

These two articles, in terms of one, the request to remove one, and the other one - a deletion, would they have been considered accurate, contrarian, general-----

Mr. Tom O'Connell

Well, I'd consider ... I'd consider them realistic, you know.

Realistic.

Mr. Tom O'Connell

So, I mean, calling a somebody a contrarian is sort of suggesting they're a bit of ...they're a maverick. In fact, Peter Nyberg spoke to me about that quite a lot but I would maintain they were realistic, not necessarily contrarian. It was the non-contrarians who were being off the wall.

Okay. In that regard, but if we were to take the context of the contrarian, if you take the Nyberg report or the Honohan report, that they talk about the herd instincts, so somebody who was operating outside the herd would have been a contrarian even though they might have been talking the world of sense. In that regard, can I put the question to you that was there contrarian opinions in ... being expressed at the time and how were they expressed in the Central Bank?

Mr. Tom O'Connell

They were but not at the ... at a senior, at a very senior level. I mean, for example, I used to say to my colleagues, almost every day, we had to have more land zoned. In fact, I used to joke with them and sort of say ... I mean, because the restrictive ... the restriction on housing supply ensured by the restrictive zoning meant that when the demand for housing went up you'd have vertical supply curve, land went up, house, property prices went through the roof. I used to say to the people that you could, you know, zoning should be freed up everywhere bar Stephen's Green, Howth Head and Killiney Head - jokingly, because, you may recollect, I mean ... and, in fact, Jerome Casey, who was a construction sector analyst who wrote about this extensively and he said, he noted that in north County Dublin, the zoned land was owned by eight developers. There was a cartel, if you like. And, in fact, even some of them were intermarried, so-----

Okay, that's fabulous colour but I'm going to come back to the question again, okay. And what I want to ask you, basically, I want to get a position on how contrarian positions in the Central Bank were being managed.

Mr. Tom O'Connell

They weren't well received, I'll tell you.

Well, John Hurley ... well, tell us more about how they weren't received. So, how were they managed?

Mr. Tom O'Connell

Well, I, I mentioned there a couple of the ... in my opening statement, various things were said to me, that the Central Bank is not going to collapse the construction sector was one. The Central Bank is not going to disadvantage the Irish banks and by that they mean ... that was happening at a time when the, the ... some of the foreign owned banks, like Ulster Bank and Bank of Scotland Ireland were going mad with 100% mortgages and they were throwing confetti around the ... loans around like confetti. So, it was said to me that yes, we're not going to, to inhibit the Irish banks. In other words, we're going to let them compete with these mad guys, you know.

This is the final question so, for the moment. Governor Hurley, when he was before this committee, stated:

I was not aware of contrarian views within the Central Bank, which differed in substance from the Bank's overall assessment[s]. Views, which set out a[s] different risk assessment[s], were not made known to me or to the Board in my presence.

Would you care to comment upon that?

Mr. Tom O'Connell

Well ... maybe contrarian ... contrarian views probably didn't drift up to the board, I, I, that would be certainly the case, I think. I would have often ... I would have often said informally, I won't say daily, but I would say weekly - and I'm under oath - I would have said to my senior people that things were going crazy; the banks have to be reined in. I said this many a time. In fact, when the ... they mentioned there that one of the leading people in the regulatory staff, I said to him that property and construction lending at that particular point was growing at 65% year on year. Now, you have to recollect, this was in the euro area. The ECB indicated that the appropriate growth in the money stock in the euro area was 4% to 4.5%, credit and money 4% to 4.5%. We were at 65%. You know, I mean that was 16 times-----

You said that was the financial stability report for 2007?

Mr. Tom O'Connell

Well, those things would have been taken into account by implication, because yes, the, the massive increases in bank lending were noted clearly and they were graphed and illustrated and I think there were European comparisons there, so we were a complete outlier in nearly all cases. If you look at the tables there, we were either worst or second worst on almost every metric.

All right. Deputy Murphy, 25 minutes.

Thank you Mr. O'Connell, you're very welcome. Could you just give the committee an understanding, Mr. O'Connell, of how senior you were in the Central Bank?

Mr. Tom O'Connell

I was, my rank was assistant director general and so from the top down you'd have the Governor, you had the director general and deputy director general, so the top three; and then there were four or five of us at about ... at the assistant director general level dealing with maybe markets, the currency centre and economics and so on.

Who did you report directly to?

Mr. Tom O'Connell

Probably ... my ... it would have been both the director general and the Governor, yes, but-----

Okay. So you were quite senior in the Central Bank.

Mr. Tom O'Connell

Yes. So it was, it was sort of loose, you know. I mean, we were all ... I heard you talking the famous seventh floor, we were all on the seventh floor, so we'd be interacting quite a lot. So, it was sort of informal, you know, you didn't have to wait for ... oh, but sometimes - I think it has to be said, all right - that if say, a board paper bypassed somebody and went to the Governor, there would have been a bit of irritation about it, that the, you know, the hierarchical system wasn't followed.

But you weren't on the board. Were you still privy to board papers, though?

Mr. Tom O'Connell

I would get quite a few board papers, yes, and maybe the minutes. Sometimes though, those that are only relevant to me.

I certainly would have got no regulatory papers.

To what end would these minutes or these reports have come to you for comment, for agreement?

Mr. Tom O'Connell

No, just for information really, you know. Information, yes.

Okay. And then when it came to ... kind of, to drafting or signing off key external communications from the bank - a financial stability report, a pre-budget letter - were you central to those ... to the preparation and signing off of those documents?

Mr. Tom O'Connell

Yes, I would have been heavily involved in those, yes, yes.

So, if someone want to make a change to something that you had drafted, would that have to come back to you for approval? Would final wording of a document have to come back to you for approval?

Mr. Tom O'Connell

Well, the convention was if something ... if a draft paper were sent up the line, say the draft financial stability report ... up the line and somebody deleted something or watered it down or whatever, I mean, that was taken as, you know, they were superior ... they were more senior to us, so we accepted that. Now, maybe you could argue the toss sometimes and say "Well, I don't think it's right to delete that or whatever" but, generally speaking, what they wanted went, you know.

Okay and in terms then ... if you look at something like a financial stability report, and the engagement between Central Bank and the regulator on preparing those reports, after 2004, from previous evidence we've heard, responsibility fell more to the Central Bank. Why was that?

Mr. Tom O'Connell

Well, I suppose financial stability issues generally are more of an economic nature rather than a purely micro-regulatory nature but ... yes, prior to ... yes 2004, the regulatory people did have an economist or two whose ... part of his duties were to liaise with the financial stability department and have an input into the ... into the stability report. Subsequently, the financial stability department would be liaising with the regulator about information or data, that sort of thing, but they weren't really actively involved beyond that point, you know.

It is fair to say, then, when it comes to the 2007 financial stability report, that the Central Bank is the key player in drafting that report?

Mr. Tom O'Connell

Yes, that would be true.

And are you key in the Central Bank to drafting that report?

Mr. Tom O'Connell

Well, it would be myself and the head of the financial stability department. In actual fact, the head of the financial stability department, although he had the title senior adviser, he was on the same salary as me, so in fact, he often, in practice, dealt with the director general who was the chair of the financial stability committee ... so ... but I would have had a lot of sort of lateral contact with the head of the financial stability department and, you know, we worked in the bank and we had written papers for a long time together and so on.

Well, looking at the 2007 report, house prices are beginning to fall but the 2007 stability report favours a soft-landing scenario over a hard landing. Why?

Mr. Tom O'Connell

Nobody can say "Well, it's going to be soft or hard". In fact, it's pretty common for asset price adjustments, particularly in stock markets, as you know ... whatever ... a currency thing ... for commodity markets to get abrupt drops. In fact, quite often you'll get an overshooting downwards. Now, housing market will be ... sort of ... you ... maybe you'll get a slower adjustment, if you like, but you probably can't ... you can never say ab initio ... as I think it's more in hope than in confidence you'd talk about soft landings. But, if sentiment, sort of, decreases monotonically or gradually, you might get a ... a ... a gradual fall but you certainly couldn't rule out ... I mean, for example, the instances in Sweden, Finland, Japan, the savings and loans in the States, they were pretty precipitous falls, you know. So, I suppose the Central Bank had to come down on one side or the other ... was there going to be a ... could we say there was going to be a hard landing? Well, for starters you wouldn't know ex ante if it's going to be soft or hard but, in general, I suppose, all central banks would tend to, more in hope than in confidence, say "We'd hope for a soft landing rather than a hard landing".

I'm hearing, Mr. O'Connell, analysis behind how you answered that question but Professor Honohan, in his report, stated that there was no analytical evidence provided in support of this key conclusion. That's on page 84 of his report. So how was it reached?

Mr. Tom O'Connell

Yes. No, but there wouldn't have been in my view ... I mean, there's no way you could figure out ex ante analytically whether it was going to be soft or hard.

How do you then decide you would include this language?

Mr. Tom O'Connell

I mean, from my recollection, property prices peaked in February 2007 ... house prices here. And, you know, we were seeing a gradual fall, I guess. The stability report came out probably in November 2007, so you were seeing a sort of a gradual fall ... a fall away and it was probably an extrapolation of that but there would have been, to my knowledge, no analytical or no high-powered analysis to prove that, you know ... of the binomial possibilities, that it was going to be a soft rather than a hard landing. You could possibly extrapolate from the peak property price period in February 2007, given that up through autumn there'd been gradual falls but, you know, if something was going to hit the system, people like the buy-to-let investors and so on might've had to get out quickly, you know.

Let me put this again, sorry. You say in your opening statement, talking about the financial stability reports, that the overall assessment in tone which reflected the views of the two boards tended to be reassuring and you imply that this was in contrast to the main body of the financial stability reports, which would you have drafted. So what are you saying there? Did that language come from the board?

Mr. Tom O'Connell

Yes, well, in essence I'm saying that the editorial in the financial stability report ... I mean, they would have had a day-long consideration of the body of the report - all the details, data and so on - and they would form their views and that would be embodied in the editorial, sort of. So, I always felt there was a potential disconnect, if you like, between the body of the report, the technical analysis and the overview.

And did you object at the time?

Mr. Tom O'Connell

Did I object? Maybe not because I probably knew that what the board says goes, you know.

Mr. Tom O'Connell

I mean, I may have interpolated at the day-long session possibly all right saying, you know, "That's a very serious situation and can we have a more benign view in the editorial?" But I ... I have to be honest ... I probably didn't object as much as I should have done.

You mentioned in your opening statement that it was a question of tone and you've just said there ... there said editorial but Honohan also notes in his report, on page 83, in relation to the estimates of house price overvaluation said had appeared in financial stability reports ... results of models estimating overvaluation were presented in successive financial stability reports "up to and including that for 2006", but:

By contrast [this is on page 83 of the Honohan report] the 2007 [financial stability report] is notable for the absence of any updating of the calculations reported earlier. In particular, there was no update of the McQuinn-O'Reilly (2006) model. However, an internal staff updating of this model undertaken in April 2008 (after publication of the 2007 [report]) indicated that house price overvaluation was estimated to have reached almost 35 per cent by mid-2007.

In your opening statement you say that "a deliberate decision was taken [in preparing the 2007 financial stability report] to delete the conclusions of a research study updating the extent of the overvaluation of Irish property prices". So, first of all, was the 2006 Quinn-O'Reilly model updated in advance of the 2007 financial stability report?

Mr. Tom O'Connell

Yes, my recollection is that it would have been because, if you like, the format of the ... obviously, the question of overvaluation was a very topical issue which would have been looked at - or should have been looked at - and it certainly would have be done and the ... I'm sure ... I would stand to be corrected on this but I would imagine the draft financial stability report probably had that update in it but it was taken out.

That's probably the research study then that was deleted from the 2007 financial stability report.

Mr. Tom O'Connell

Yes.

So who made the decision to delete it?

Mr. Tom O'Connell

Do ... can I name names?

No, but you can tell us at what level it was made. Was it made up further-----

Mr. Tom O'Connell

It was made at a level above mine.

Was it made at the board?

Mr. Tom O'Connell

No, I think below the board.

Below the board. A level above yours.

Mr. Tom O'Connell

Yes.

Okay. Someone you reported to?

Mr. Tom O'Connell

Pardon me?

Someone you reported to?

Mr. Tom O'Connell

Yes.

Okay. Why was that decision made?

Mr. Tom O'Connell

Well, I can only assume that they were afraid of frightening the horses, you know-----

Did you challenge it?

Mr. Tom O'Connell

-----even though ... even though, in actual fact, 35% was an underestimate, in my view. In fact, Honohan, as you probably know, had some econometric issues about the McQuinn-O'Reilly approach and I would have had too. But, no, I guess that there probably was a view that if you put this in and ... the estimated overvaluation, even though it's on the low side, in my view, of 35%, could have spooked the horses.

So did you challenge its exclusion?

Mr. Tom O'Connell

I can't remember whether I did or not but, I mean, by implication, the draft going up the line would have included it. So, I would have wanted it to be in but it was taken out.

But could a soft-landing scenario still have been put forward in the 2007 stability report if the research had been included?

Mr. Tom O'Connell

Well, I don't think that research would have been conclusive one way or the other, you know. You'll probably note from, you know, both Nyberg and Honohan and so on that you won't get anything terribly definitive. In fact, you may recollect going back to Greenspan ... Greenspan famously or infamously said "I can never know whether there's a bubble there or not but what I'll do is, I'll pick up the pieces after the bubble", you know, so that's not a very wise thing to do. But, not, the 35% estimate would have been an underestimate in my view.

And in the event it was, of course, it was very much an underestimate.

The people who did that research in 2007, a report and still concluded in favour of a soft landing over a hard landing.

Mr. Tom O'Connell

I think you still could have done, yes. But again it's more ... you could say it is a bit of wishful thinking, you know. Nobody can ... can say ex ante whether it is going to be a soft or a hard landing. I mean, when the stability report came out in November 2007 that was eight or nine months since the peak of the property market so there had been, sort of, a gradual decline and maybe the ... extrapolating that the hope was that that would continue and they wouldn't have a complete collapse, you know.

On the language, because it was very important in the scheme of things because it had an impact on the public in terms of their awareness to the actual challenges the economy were facing. Soft landing was reassuring.

Mr. Tom O'Connell

Yes, although I wouldn't attach too much significance to a soft landing. I mean, I think in that third paragraph of the financial stability report which both Donal Donovan and Professor Gorecki put to me ... I think it was sort of said that the risks are increasing but they are manageable, you know. It means the same thing,. If they're manageable, we're looking ... we're looking at a soft landing. But I wouldn't attach too much significance to the particular words that were used and in a way, I mean, any Central Bank probably had to sort of say, ''Well, it will be all right on the night'', or words to that effect, you know.

Are you agreeing with then the overall tone and assessment of the 2007 financial stability report?

Mr. Tom O'Connell

No, I personally wouldn't have agreed with it, no. No, because the body of the report was pointing in all the wrong directions. In fact, I used to say------

I'm confused because you seem to be saying that it was probably necessary to present such a hopeful overall assessment in public since the Central Bank can hardly conclude that the banks were about to collapse. So are you agreeing with that report and how those decisions were reached?

Mr. Tom O'Connell

Well, no, well back as early as 2001-2002, my view was that things were going crazy and we had a massive bubble in the system. So I mean, what sort of a ... if you look at ... go back to the stability report in 2007 you had the body of the report all indicators pointing in the wrong direction. And then you have an overall assessment of what's happening. I mean, the ... could ... if I mean I was asked to do an objective assessment, an objective overview on the basis of the indicators, I would be inclined to say, ''Yes, we are headed for big trouble''. But, a central bank being a central bank can't really say that, you know; it has to, sort of, pull its punches really.

Okay. So the Central Bank then did the job it was meant to do.

Mr. Tom O'Connell

Pardon me?

The Central Bank did the job it was meant to do with those financial stability reports?

Mr. Tom O'Connell

Sorry, I can't catch-----

The Central Bank did the job that it was meant to do.

Mr. Tom O'Connell

Yes, but I mean you see, the Central Bank ... in fact, I should have said it when Donovan and Gorecki asked me about that or put that paragraph to me, I sort of said ... they said to me, ''Isn't that very complacent?''. I said, ''No. That's Central Bank speak and it's negative in fact". In fact, you probably know loads of people have made a good living out of parsing the words of Greenspan or Bernanke or Mervyn King or whatever, you know, if they altered their statement from one month to the next. So in Central Bank speak, in my view, the overall assessment was possibly ... probably quite negative, even if it had used the words ''soft landing'' and ''things are manageable'' and so on. But if you read between the lines, as people who were familiar with Central Bank speak would do or would want to do, you could see that was pretty negative, you know?

And so it would be your view that, excuse me, that nobody was reading between the lines?

Mr. Tom O'Connell

Well, experts would be. No, because, in fact, outsiders, I mean-----

Mr. Tom O'Connell

Prior to that, back a couple of years before that, we would have had occasionally very large investors coming to Ireland and thinking about investing in bank shares. And I remember there was a huge ... I think it was the second largest pension fund in the world from Holland came over. We wouldn't normally meet them but I think I was told since they're so important you have to go and meet them. Now these guys in 2005 were utterly and totally sceptical of Irish bank shares. But I mean I had to sit there in front of them and sort of say "Well, yes, they are problems over there all right". In the event they didn't invest but, I mean, people in the know were clear that things were problematic. And, you know, they'd be the people who were reading Central Bank speak and they would have seen that third paragraph in the FSR in 2007 as being a negative message, rather than a positive one, in my view.

I wanted to come back to something you said in relation to the board to try to get a better understanding of what was happening there. You mentioned in your opening statement political and property interests on the bank's board making it difficult to get certain views through, but earlier you also said that contrarian views didn't drift up to the board. So, which is it?

Mr. Tom O'Connell

No, contrarian ... I wouldn't call them contrarian views. But I ... they were sort of realistic views. Yes, I mentioned that example of the need for more zoning of land, which was a crying need at the time. I mean, as I said, these guys had cornered the market in zoned land in north Dublin. In fact. there's another case ... it arose in Waterford ... in Dungarvan I think. I mean, it mattered greatly where on a map the line for rezoning was. So when I put that up ... because you had to increase housing supply, particularly in the greater Dublin area and you weren't going to do that unless you had more land zoned. So when I put a very tentative point in the comment which was the editorial for the bulletin, to push it up the line to say we need to consider, you know, more zoning or whatever or, you know, some very milk and watery language, that was deleted. It didn't go beyond ... it didn't get to the board.

It didn't get to the board.

Mr. Tom O'Connell

No.

So what do you mean when you talk about political and property interests on the bank's board making it difficult to get certain views through? Is someone mindful of who's on the board so they are keeping things from getting through?

Mr. Tom O'Connell

Yes, it's the intermediate person between me and the board-----

Between you and the board-----

Mr. Tom O'Connell

-----who blocked it and, you know, I mean, as you know, land zoning and so on is a very contentious issue. People can make fortunes out of it, or not, as the case may be. And it didn't go beyond to the person to whom I was reporting, no.

Okay, so was that person then protecting members of the board from a potential conflict or was he protecting them from having to consider information that would conflict them? I mean, why protect them?

Mr. Tom O'Connell

No, my interpretation would be that if you get into the issue of zoning of land and so on, that is a very - what do you call it? - controversial area, you know, because ,I mean, I was going to say down in Dungarvan there was a criminal case there where somebody was up for corrupt planning. And the county manager, in the course of the trial, said that if you zoned a particular piece of agricultural land, that would have increased in value tenfold. So, the zoning of land, as you blokes probably know very well, more than I do and county council and so on, is a very contentious issue. But the point ... the economic point is that one needed to increase housing supply and, therefore, zoned land ... more zoned land had to be brought on stream. And I was trying to hint at that in my draft comment, which never went beyond that.

Mr. O'Connell, in your view, was your intermediary acting appropriately by not bringing that to the board?

Mr. Tom O'Connell

Well, I thought ... I mean, suppressing what I saw as an economic argument wasn't a good thing, you know.

You also state that the large exposures of the banks to individual developers was rigorously concealed from your level in the bank. Concealed on purpose I-----

Mr. Tom O'Connell

Well, no, it was a question of secrecy you know. You don't leave these things lying around the place. No more than, for example, my colleague on the seventh floor dealing with liquidity to the banks. You know every day they'd have a table about the provision of liquidity to the banks, the collateral the banks had, how much more they could borrow over the next few months and so on. You didn't leave that lying around the place. I was shown it the odd time but it was never actually physically given to me. I might have perused it over somebody's shoulder or been asked to look at something like that. But so, being ... being ... not seeing the large exposures, it was, sort of, par of the course. You know, I didn't need to know but, of course, we knew anyway that total bank lending was going crazy.

Was it being deliberately kept from you, this information?

Mr. Tom O'Connell

I don't think I probably needed it, you know. But I mean-----

I'm sorry you said it was "rigorously concealed from your level in the bank" and you used the word "secrecy". So was it deliberately kept from you?

Mr. Tom O'Connell

Well, I don't mean in a pejorative sense, you know. It was just that if you didn't need to have the ... to see the data, I mean, it wasn't provided to you.

I'm going to take issue on that expression, "rigorously concealed'', because that intimates an intention, an act, you know, a motivation to keep it from you.

Mr. Tom O'Connell

Well, maybe it's not the best choice of words by me but it probably wasn't necessary. I mean, I would know from the press anyway. These guys who were developing places around the city and so on, they had to be borrowing massive amounts but I wouldn't have known definitively. But, of course, I'd know that ... I'd know that individual bank's lending was increasing massively and the aggregate lending was increasing massively too to the property sector, yes.

Okay. You talk about the intermediary that you would report to keeping information from the board.

Mr. Tom O'Connell

Well, that item didn't go forward-----

In relation to zoning you said keeping information from the board.

Mr. Tom O'Connell

Yes.

So when the board made decisions, when it agreed editorial or financial stability reports, when it drafted pre-budget letters, was it making those decisions with the full information?

Mr. Tom O'Connell

Well, those guys were pretty smart, you know. Some of them were in the property sector themselves ... there were businesspeople and others. Had they got the full information? I'm not sure, but, I mean, the drafts, or papers if you like, were filtered through to the board and it was up to the top people in the Central Bank to decide what went or what didn't go, you know.

Was it your contention that key facts were intentionally kept from the board of the Central Bank?

Mr. Tom O'Connell

Well, I thought ... I mean, that point about the zoning was an important point, I mean, it's not a ... it's not an issue where there's any impropriety involved or anything like that, in my view, but it's just a common sense economic point that housing supply had to increase and in order to do that you needed more zoned land.

And what about then memos that you would have written about reining in lending to the property sector, which you referenced in your opening statement, by imposing credit ceilings? And the memo came back with the words, "That is out of the question", added to the memo. Why did that happen do you think, and was that information brought to the board?

Mr. Tom O'Connell

No, that would have ... that was a note that went to the Governor and yes, ... as I said ... the Governor initially had said, "We'll have to consider bringing this to the board ... this issue to the board, as to whether we restrict the banks in their lending", but the point you mention, "That is out of the question", seems to have overridden that, so that item would not have gone to the board, I think, by definition.

And just to clarify again, would the board have been aware of that model that was in the first draft of the financial stability report of 2007 on overvaluations of house prices, Irish property prices, that was then dropped out? They wouldn't have been aware of that?

Mr. Tom O'Connell

No, they would not have known in my view.

Okay, so that was also kept from them. When it came to then the drafting of the pre-budget letters, just, these letters that went, were you involved in the drafting, the initial drafting of these?

Mr. Tom O'Connell

Yes, I would have been. I would have overseen it or put some pointers to the chaps who might draw it up, you know.

But you wouldn't be involved in final sign-off of those?

Mr. Tom O'Connell

Well, the Governor would have the final say on that, you know. For example, if he didn't like the tone of the draft that was sent to him, he would alter it. He'd come back to us and, yes, he had the final say. Yes.

Did the Governor or the board have the final say on the pre-budget letters?

Mr. Tom O'Connell

The Governor would generally show it to the board, so they would have an input into it in my ... yes.

Okay, so would those same vested interests, those same things that were happening that we have just discussed about, would they have also been in play with the submission or the drafting of the pre-budget letters in terms of information being kept from the board?

Mr. Tom O'Connell

Well, I don't think that would have arisen with the pre-budget letter. You know, most things would have been on the table. Now, I can recollect in the past though, having said that, that, you know, from the economics department we might have suggested maybe some tax change or whatever, but that would typically have been not ... that wouldn't run because the view in the bank was that taxation was a matter for Government and we don't sort of suggest that they tax X and subsidise Y, you know. So they would be, sort of, general economic issues, talking about the stance of upcoming fiscal policy in the budget recommendation, maybe bank lending property prices would have figured quite strongly, I think, too, yes.

Okay. So that's an example of information not going to the board, but not because of a conflict of interest or a potential one or an intermediary stepping in the way but because it wasn't what the Central Bank did. Is that correct? You didn't give advice on taxation issues. Is that what you said?

Mr. Tom O'Connell

No, no, no. Yes ... I think ... I can recollect way out back in the past we probably did, you know. We put something in about maybe something should be taxed, let's say for environmental reasons or something like that. But the view was that it's not for us to say what taxes should go up or taxes down, it's really for Government, you know.

And did you ever disagree yourself with any of the pre-budget letters that were sent to the Minister between 2002 and 2008?

Mr. Tom O'Connell

The ... no, I think ... I think I would have been in general agreement with those, you know, because we would have drafted the approach and the approach generally wouldn't have been massively altered by the Governor or the board for the most part.

And did you ever write to the board yourself expressing concern about information being kept from them by the person your reported to?

Mr. Tom O'Connell

No, I didn't, no.

And then when we come to the 2004 pre-budget letter, it's noted by the board, after the budget, that the advice from the Central Bank was not fully adhered to. In that scenario, what does the Central Bank do? Does it write a post-budget letter? Does it note this in its financial stability report?

Mr. Tom O'Connell

No, I mean, I think the view is that ... the bank or the Governor is giving advice to the Government, the best advice as he sees it, and the Government is the final arbiter in these things, you know. They can decide to ... not to accept that advice. I mean, it would be fairly common, you know. The Bank of England might be recommending to the British Government the same thing or the Fed in the States, you know, it would be fairly common.

I need you wrap up and I'll bring in-----

And my final question, the failure to pursue post-budget announcement what hadn't been adopted by the Central Bank pre-budget. Did that have anything to do with the membership of the board of the Central Bank, or vested interests, as you describe them, operating within the bank?

Mr. Tom O'Connell

Well, I can only surmise about that. You know, a lot of people on the board had a strong political affiliations, as you are probably aware. I have ... I mean, it'd be logical for them to put their preferences to their political friends, I suppose, from time to time-----

Sorry, I'm not even going to go there. I'm just going to wrap that up. Senator MacSharry, please.

Thanks and welcome, Mr. O'Connell. Just to get through a few ... the mandatory pieces first. Was there any interaction with the banking supervisory team on macroeconomic or financial aspects, for example, on the strong credit growth in the years preceding the crisis?

Mr. Tom O'Connell

Well, there certainly would have been ... as part of the ... procedure for processing the stability report. In fact ... yes, maybe you're, sort of, asking about, you know, the interaction with the regulator, or between the bank and the regulator, and there would have been quite a lot of fora there. You had the memorandum of understanding between the bank and regulator for starters. Then you had the ... the Governor used to have a Monday morning meeting, you know, dealing with current issues and so on, and we'd all be there together. You had the financial stability committee itself, of course, which dealt with things. The regulator and the bank would have been on that. And, of course, we were on the same floor, so we'd bump into one another quite a few times a day. But having said that, I mean, to take one example I remember when the Seán Quinn thing burst, you know, I wouldn't have had any-----

Mr. O'Connell, you were in the Central Bank, I think, in 1970 until 2010. By my recollection that's 40 years. Now you probably have a better understanding than any of us inside in this room as to what the obligations of section 33AK actually are. If you want to waive them, inform us that you want to do so and I'll try and guide you but I would be advising you in that regard, okay?

Mr. Tom O'Connell

No, sorry, Chairman, no, I was taking that as an example. When the problem thing arose ... I wouldn't have interacted with my financial regulatory colleagues on the same floor about that but I think I mentioned maybe to one of the guys at the water fountain on one occasion "This is an issue for you", and they'd say "Yes, it is an issue", so you know we wouldn't be going into detail on it, no.

Okay, apart from water fountain interactions, was there a structural or formal interaction between your department and the banking supervisory team in a variety of issues, but you specifically said the stability report?

Mr. Tom O'Connell

The financial stability committee would have been the forum, I suppose, where the interaction was greater-----

Were you on that and was there-----

Mr. Tom O'Connell

Yes I was, yes, and there were regulatory people there too.

That's grand, so there was interaction. That's good. And it was in a formal way, yes or no?

Mr. Tom O'Connell

Yes, I mean there were members there, so issues that were ... issues, significant and important issues would arise there and there'd be a round-table discussion of it, yes.

Okay, that's grand. On page 40 of the Regling and Watson report it is mentioned that by far the most serious macro-financial flaw was the over-exposure of institutions to commercial property. From the documentation seen by the inquiry this, particular theme of commercial property financing appears not to have been regularly discussed at the Central Bank and Financial Services Authority of Ireland board meetings before 2006 and was still playing a smaller role in residential property in 2007. In your opinion, why was there so little attention to this theme until, kind of, late/post-2007?

Mr. Tom O'Connell

Well .. I was sent actually 400 pages, you know, the two volumes to look at there. When I went over it, commercial property lending and the area was covered in the stability report. In fact, I can recollect the material that was sent to me. Lending to the commercial property sector was, back in 2002-3-4, rising at 40% to 45%, you know, which is very, very high. But I would agree with you that it didn't receive maybe the degree of prominence that it should have got because if you look at the banking crashes in most countries - Japan, Sweden, Finland and so on - it's commercial property that brings people down. Now to some extent, my view also is that the residential mortgage area was politically more important and, therefore, it should be looked at more carefully.

I mean, politicians, like you folks, were very concerned about that, and that was also reflected in the great emphasis on the consumer function in the regulator.

But is it your contention that commercial property and its importance, while you may have been personally aware, as you said there, it was growing to 45% in the early 2000s, your ... is it your contention that because it was conceived or felt to be politically more important, it was ignored?

Mr. Tom O'Connell

I think that was an element of it, yes, but, I mean, commercial ... the commercial property area, I think, was covered ... was covered to some degree. Vacancy rates would have been flagged, for example, rents and commercial property would have been flagged quite a lot, but I ... as far as I can recollect, there was probably only one special article on commercial property, maybe in the 2007 financial stability report. You could argue that it should have been treated more extensively at an earlier stage, I think, on reflection. That's probably right, yes.

Okay. In your opinion, were banks aware of the risks to financial stability and to their own business strategies, and would you think that the banks awareness of this increased over time or what's your sense of it?

Mr. Tom O'Connell

I presume the banks weren't aware of it. The fact that they went ahead and engaged in all this lending. For some naive reason they probably assumed that things would be all right on the night. But, I mean, when you look at it with property prices increasing at 20%, 25% a year, their own lending increasing at 30%, 35% a year, year in, year out, I mean, you had to ask where was it all going to end.

Can you just ... I know you said it earlier and, just for fear of getting it wrong, I'm going to ask you to repeat it cause I mightn't have been concentrating as much as I should have been. Your position on retirement was what?

Mr. Tom O'Connell

I was assistant director general, it's called, yes.

Assistant director general. And you reported, if I recall correctly, to the director general, on the economics side, and the Governor themselves?

Mr. Tom O'Connell

Yes, in the sort of in a loose way, depending on the topic, you know. In fact, quite often you would send something to both of them, maybe simultaneously, possibly, yes.

Okay. Would there be any ... is it fair to say that these two individuals, or these roles, were the only two people more senior to you?

Mr. Tom O'Connell

No, there was a third person. Deputy director general was ... there were three people ahead of me.

What's the problem?

I ... I think we were observing. I'd be ... just be mindful of leading witnesses, but-----

Well, I'm not mentioning any names.

Yes ... yes, okay.

The positions were held by various people, through the Chair-----

I ... just, stop the clock a second there.

Yes, if we could. Can I speak?

I ... no, no, I'm gonna speak 'cause I'm stopping the clock to speak. Now, just be mindful that when we get to writing a report here, if evidence provided inside in this room is not sought in a legal fashion, it doesn't matter what line of questioning a member takes, it cannot be used in the final report. So, with that regard I'd ask you to continue please, Senator MacSharry.

Sorry, Chair, the positions that people held in the Central Bank are on the public record, and getting those in testimony is, in my view, perfectly in order.

Yes, okay. Well I'm just ... I-----

The positions people held at different dates and who reported to who is a public record.

Okay, and I'm just being mindful to members ... that they be mindful of their questioning because if they do step outside the legal position, and this applies to all members, it creates difficulties in terms of a final report. So, Senator, back to yourself.

So, now that we're all clear, can you tell me were there any other positions that were more senior to yours than the two that I outlined?

Mr. Tom O'Connell

Yes, there was a deputy director general as well.

So apart from the position, as opposed to the personality ... apart from the position of deputy director general, director general and Governor, were there any more senior people than you in the Central Bank?

Mr. Tom O'Connell

No, I think that sums it up.

Okay, yes, that's good. Can I ask, how is it possible for information to be rigorously concealed, to use your words, or to use other words, not to be able to find their way to the board, not even through the water fountain interactions, when you reported to effectively three members of the board and the three most senior people, from an executive perspective, in the bank?

Mr. Tom O'Connell

Well I think, as I said to Deputy Murphy, maybe the term I used, "rigorously concealed", might suggest that there's a sort of ... some impropriety behind it-----

That's not the only reference-----

I need ... I need to allow Mr. O'Connell to respond now, Senator.

Mr. Tom O'Connell

Yes, sorry ... no, it was ... it was not ... it was not made available to us, but you could argue that it maybe wasn't that necessary, you know, because we knew in any event that bank lending was increasing at a massive rate. I mean, what ... do we need to know ... although, it may have been relevant alright that it was concentrated on half a dozen property developers, but we were probably sort of roughly aware of that anyway. But I must say, I was taken aback though when I did mention one property developer to a consultant who came into IFSRA, and I had met him how much would they have borrowed, and he ... bank borrowing, and ... no, he asked me how much did I feel they had to borrow, and I said "How about €1 billion?" And he said "No, €3 billion".

And that's in your statement.

Mr. Tom O'Connell

Yes.

But you've also said, I mean, it might have been unfortunate there the first time to use the "concealment" word, but I mean, you said "That was blocked from reaching a higher level in the bank, in the light, in my view, of political and property interests on the bank's board". Now, naturally, this is of huge concern to ourselves here, in the public interest, in trying to get to a report at the end of this process. If you are saying on one hand, albeit a slip of the tongue, and a Freudian slip, to use the word "concealment", you're also saying here, specifically due to, what is your view of political and property interests on the bank's board, that notwithstanding the fact that at the water fountain, when you meet people, and the three other more only positions that are senior to you, that you have difficulty getting important vital information to the board. So, you'll forgive me for saying, but I'm bound to say, there's a lack of credibility here.

Sorry. Hold on a second now. I ... I don't want to put this committee ... it'll be the first time that I'll actually have put this committee into recess of private session when we're in public hearings, but a member cannot-----

Chairman, can I ... can I-----

No. I ... I ... please, because I don't want to move to private session.

Alright, you keep talking, so.

We will, and the clock is stopped, and that's why I'm the Chair.

I think we should go into private session for a couple of minutes.

No ... we can do that but we'll do that when we go-----

And we'll stop the clock at 15:09 there. I would suggest we do that as quickly as you can, Chairman.

No, we ... we can take the break in a moment. If the ... the implication of a value judgment and questioning a member ... a testimony in here is something that is done at the final report stage. We have books of evidence, we have witnesses coming in before us, but to make a value judgment with regard to a witness's evidence, in session, and to imply something like that is very, very difficult, Senator. Okay?

Can we take the break now, seeing that it's coming in a few minutes, and have that discussion?

Okay, alright, that's great. Okay, we'll take a break. Okay, while we take the break can we just ... and can I remind the witness ... and we'll stop the clock there for Senator MacSharry. Can I remind the witness that once he begins giving evidence he should not confer with any person other than his legal team in relation to his evidence on matters that are being discussed before the committee. With that in mind, I now suspend the meeting until ... well, we'll ... we'll give it just a few ... five minutes for a suspension, and we might then resume, but depending how long the discussion will take I'll let you know, Mr. O'Connell, when to return to the room. Okay? And may I remind the witness that he is still under oath until we do resume at that stage, and I now request that the public Gallery would be cleared. Yes, sorry, I now propose we go into private session.

The joint committee went into private session at 4.28 p.m. and resumed in public session at 5.15 p.m.

We will now resume in public session and to continue with Senator MacSharry. Senator MacSharry.

Thank you very much and sorry for delaying you, Mr. O'Connell. Before the break, I was referring to your ... to your evidence about your view in communicating your views to the board and I suggested that this did not seem credible. Now I don't want to make any judgment or give the impression that I want to put forward any opinion. But can I ask you, do you feel that this is reasonable?

Mr. Tom O'Connell

I'm not sure what the ... what the thread really is, Senator. Are you saying-----

The thread was, I suppose, the proximity perhaps, through your immediate superiors being quite close to the board and is it reasonable to say that your views had no way of finding their way to the board given such proximity?

Mr. Tom O'Connell

Well, I think we were talking about the need for zoning more land to increase housing supply. That was where ... well the way things would operate would be-----

In fairness, you did make reference to a number of things. There were three different occasions where you intimated that there were political and property interests across the boards of both the regulator and the ... and the Central Bank in one part. You later talked about concealment and, granted, you wanted to correct that word. And the third issue then, where you mentioned the property and political interests at the board which, in your view, had prevented your views getting across. And I was simply putting forward to you, was it reasonable in your view to say that it was impossible to get your views to board level given your proximity to it, your seniority in the organisation?

Mr. Tom O'Connell

Well, the way it operated was our ... say our department might have a proposal or put an idea up and it had to get through to the levels above that. I mean, it was up to the levels above us, they were more senior than me in the organisation. They could decide what would run or not run. You know, that's the nature of a hierarchical set up.

I understand. And just at the various times that you would have been asked to make presentations to the board, did that never open an opportunity for you to say ''While I'm here and we are talking about this aspect of the economic forecasting of the bank, I would like to highlight that I have a concern about X or Y''? Did that ever occur?

Mr. Tom O'Connell

If it arose naturally, I can't recall too many instances. I mean if it ... obviously questions would be put to you by the board members and you would try to answer those. Now I ... the issue of housing supply and zoning of land, they may have been mentioned partly in the financial stability reports. I can't be definitive offhand.

But since they relate to the need to increase housing supply to dampen the price increase of property, they probably arose there but not in a, sort of, a ... in a way to persuade-----

Can I ask you ... your view as articulated here seems quite strong on ... this was a view that you had, kind of, being putting across every day, you said, and you had difficulty in getting it through, is that the case? Is it fair to say, yes or no?

Mr. Tom O'Connell

Yes, that's fair to say.

You gave us the background.

Mr. Tom O'Connell

Yes, that's fair to say-----

Okay, can I ask-----

Mr. Tom O'Connell

Sorry, some people might say I'd a bit of a hang-up about zoning of land but I felt it was a very important ... it's not a political issue, it's an economic issue, but it had a massive bearing on the evolution of property prices so that's why I felt strongly about it. Now having said that, to get something through to the board and, let's say, even put it in the budget-----

You had your three superiors above you and they had to-----

Mr. Tom O'Connell

Yes, and my ... my feeling was that zoning of land was always a very controversial issue, as you probably know-----

No, no, I get all of that and, as you rightly say, politicians will know.

Mr. Tom O'Connell

So I felt the bank probably didn't want to get into that sort of controversial area, so that's why-----

Well, just again, if we could stick to "Yes" or "No", I've only a minute left. Specifically "Yes" or "No" if you can, okay? I mean we get all about zoning of land and all that. You had three superiors between you and the board, I think, we gathered from earlier debate. Was it that you independently felt it was impossible to put this forward to your three superiors or did you put it forward to the three superiors and felt that it reached a dead end there?

Mr. Tom O'Connell

Well, I put it forward ... I can recollect about, without harping on zoning of land, I put it in a comment, which is an editorial in the bulletin to the next level, and it didn't run there. It was taken out, so for better or worse, that person felt that it wasn't appropriate to put it further up, you know.

Yes. On three occasions you mention in your ... in your statement, that you were instructed - in one instance to do with seeking a retraction from the OECD published view, in one instance it was a request to the ESRI not to proceed and publish a particular view, and in another instance, it was to do with a change to the financial stability report. Did you protest strongly when this happened?

Mr. Tom O'Connell

I don't think I would have done because I mean it was sort of a direction given to me, you know. I-----

Did it worry you to the point that, "Look, I'm concerned about this"?

Mr. Tom O'Connell

My worry was that people were in denial. You know, there was a massive property bubble there I felt no matter what the statistical exercises or econometric exercises would showed. So my concern was that, when this all hit the buffers, the country was going to be in a massive problem. So, I mean ... I ... in relation to the OECD chap, for example, you know, one of my subordinates, I asked him to ring the OECD ... to ring the newspapers, because I can recollect distinctly the OECD view about over-valuation of property was on, it was either page 3 or page 5 of The Irish Times, top of the page. And I mean, to expect the OECD to ring up the newspapers and say "Well they were misquoted", you know, that was sort of off the wall. You let the OECD make up their own minds, for better or worse.

Was it that what you were asking them to do? To-----

Mr. Tom O'Connell

Well that's effectively what ... yes, it was.

And was this common procedure? Was this regularly done?

Mr. Tom O'Connell

It wouldn't be . Well, there wouldn't be too many newspaper coverages of, say, IMF comments or OECD comments on Ireland, but there was-----

Would you contact the organisation and say "Look, would you ever mind-----

Mr. Tom O'Connell

That would be highly unusual, yes.

Okay, thank you very much. Senator Barrett.

Thank you, Chairman, and welcome back, Mr. O'Connell. Looking through the CBFSAI reports between 2004-2009, could it be said that the emphasis was on economic development, retail sales, industrial output, the live register, productivity, inflation, house prices and so on, and not sufficiently to the financial aspects of the banking industry, which, I think, we're agreed is what brought us down in the end?

Mr. Tom O'Connell

Yes, I'm just trying to recollect the structure of the quarterly bulletins and the annual reports and so on and I don't think they were treated ... the banks weren't treated much at all, if at all, from my recollection in the quarterly bulletins. Well, they would have been indirectly in the sense that there would be commentary on what was happening to credit, bank lending, the concentration of that lending in property and so on but I can't recollect ... it would have been left probably to the financial stability reports to comment on the balance sheet of the banks, you know, their funding structure and the extent to which they were dependent on wholesale funding, that sort of thing. So there wouldn't have been an overt commentary on the, certainly the entire structure of commercial banks' balance sheets in the regular quarterly bulletins.

It would be on evolution of the money supply, which would include bank deposits, of course, and bank credit. As you probably know, regularly there would be ... there's a statistical survey or analysis of the sectoral distribution of credit. So, you would see ... and there would be a short commentary issued by the bank press office, I think, about how credit was going to the different sectors, property, construction, etc., etc., but I, I think you're ... you're, broadly speaking, right though, if you're talking about, technically, the quarterly bulletins, they probably didn't focus especially on the overall picture of ... for ... for the commercial banks.

And could you just expand briefly on how this information was communicated to Europe? There is a ... on page 64, "the Bank was not aware of ... action ... taken by [any] other national central banks in the Eurosystem, which the bank", i.e., here, "was not already taking".

Mr. Tom O'Connell

Sorry, Senator, I'm not ... not sure what you mean by ... what actions do you ... do you mean, say, restrictive actions, say, is it?

Yes, on restricting credit growth, because we had this very large credit growth in excess of the other countries in the eurosystem and was that communicated to Europe or proposed or discussed at any of the meetings that you were at?

Mr. Tom O'Connell

It ... until the crises broke I don't imagine it would have been a significant issue for the European Central Bank. I mean, as you know, at the time the European Central Bank had no function in supervising national banks in different countries. So, it probably wasn't on their horizon to any great degree, I would have thought. The EU Commission, of course, you know, would ... would be doing their surveys of Ireland, like the OECD and the IMF and they ... they would be alert to that, certainly, yes.

And the HERMES model, Professor FitzGerald gave evidence ... it didn't include a financial sector. Was that ever discussed at, at meetings where, where you were present?

Mr. Tom O'Connell

Yes, I mean, a lot of econometric models would have a very limited financial sector, you know, because it's, it's difficult to model. I mean, you'd often have, say, things like a demand for money function and so on but the interactions between banks, I mean, interbank borrowing, interbank lending ... of course they're chopping and changing every day of the week, so, it is very difficult to capture that. So, usually in, in economic modelling, financial sectors are, are very ... they're stripped bare, largely. So, the ... you'd have ... you'd have a credit functioning ... figuring all right, and the money supply on the liability side but not an awful lot of interaction, you know, within the, the financial sector.

The phone call to the ESRI about the Alan Barrett article. Soon afterwards, as you know, all the independent articles were dropped from the quarterly economic commentary, it just became an in-house ESRI thing. Were those events connected? Was the ESRI worried that it was annoying the Central Bank?

Mr. Tom O'Connell

I ... I don't know whether it was a coincidence or not but, I mean, as far as my recollection goes, I think the ... the comment by Alan Barrett was probably ... was in the commentary itself. You know, it wasn't a special article on the banking sector. And Morgan Kelly had an article subsequent ... well, was it subsequent? Yes, I think it was subsequent, actually, to it. So, I ... I wasn't fully aware that the independent articles had been taken out. I mean, it might depend on people who were offering articles to the ESRI to put in ... in their quarterly commentary.

Okay, thank you very much. Thanks, Chairman.

Thank you very much. Deputy O'Donnell.

Thanks, Chairman. After the separation of the Financial Regulator and the Central Bank, the economists were deployed with the Central Bank and they ... the Financial Regulator had access for their purpose. Were there many tasks carried out by the economics section of the Central Bank for the ... for the Financial Regulator and how frequently was this interaction?

Mr. Tom O'Connell

I would say the ... the projects, if you like, were primarily done by economists in the financial stability department, probably relating to issues that arose. I'm trying to recollect.

For example, yes, there was a question of whether ... there was a view around the place, if you like, that the Irish banks had got massively into property, as you're probably aware, in Britain, Ireland and the US, and there was a view that maybe these property ... or prices in ... property prices in those areas wouldn't be correlated, so it would be helpful if they weren't correlated because the diversification benefits for the banks would be there. So, there was a study done on that, for example, which actually indicated that the property prices tended to be correlated, you know, so that wasn't a very positive result. So, that was an example. There were also a few articles written on stress tests, that sort of thing, you know, the methodologies to be used, etc. So-----

Were you ever asked to do ... by the Financial Regulator, were you ever asked to do studies on strong ... the strong credit growth in the banks, the Irish banks?

Mr. Tom O'Connell

Well, it was obvious, you know. I mean, you didn't need any studies for that.

Were you asked to do studies on it?

Mr. Tom O'Connell

We weren't asked to do studies on it. There would have been probably studies done on the demand for credit, I think, all right, but I don't think that would have been in response to a request from the Financial Regulator, it just would have been an issue that was there and needed to be looked at.

Mr. O'Connell, what was your primary role in the Central Bank?

Mr. Tom O'Connell

Well, it was in charge of the economics function and, I suppose, it was mainly to address economic issues, prepare reports, assessments, analysis and put them up the line, you know.

And how much ... and what was ... how much of an input did you have into the writing of the financial stability report?

Mr. Tom O'Connell

I would have had fair ... fair input into it. My colleague, the head of the financial stability department, would have overseen that and his team of economists would be the main scribes there, if you like, but I would have had a lot of interaction with them laterally and I'd go back with bilateral comments and suggestions and so on, you know.

And would you stand over all the contents of the financial stability reports?

Mr. Tom O'Connell

Certainly the body of the reports I would. Now, the tone and overall assessment, as I was saying earlier, I mean, I'd be somewhat unhappy with. You know, it tended to be on the optimistic side but, having said that, it probably had to be that way, you know, on the somewhat optimistic side. Although, if you read between the lines, you'll often see ... you could be sceptical about whether the benign picture that was being foreseen would actually be the outturn.

And, Mr. O'Connell, going to your actual statement, right, it's ... there's quite a number of statements. You speak about, on page 2, that ... you say "In practice, it was my experience that any concerns or issues raised by staff for airing in the public arena were invariably watered down". You speak about that:

I had written, in a low key way for the Bank’s Comment[s] in its Quarterly Bulletin, that there was a need to consider the issue of rezoning ... land for building in order to increase housing supply ... an issue of continuing relevance at present. [This] was blocked from reaching a higher level in the Bank in the light, in my view, of political and property interests.

And then, on page 4, you speak about that ... you speak about that, that you said you were prevented from providing data. I was urged, you say, I ... you speak about that you were prevented from providing data in respect of housing data to the financial stability committee. So-----

Mr. Tom O'Connell

House price levels, say, yes.

House price levels, right.

Mr. Tom O'Connell

Yes, yes.

Now, if you had those level of concerns and this statement and you feel so strongly about what's in this statement, why didn't you resign your position in the Central Bank?

Mr. Tom O'Connell

I don't think that would have achieved very much anyway. I mean, I think, as I said as well-----

Well, if you felt this strongly, you've given us this statement here today which is basically saying, if I read it, you use the words "watered down", you use the words "blocked", you use the words ... many other similar words throughout your statement. Now, if you felt that strongly over a reasonable period of time in the Central Bank, why didn't you consider your position and why didn't you resign your position if you felt that strongly?

Mr. Tom O'Connell

Well, I don't think it would have had any effect anyway. You saw what the result ... when Morgan Kelly wrote the article-----

Morgan Kelly wasn't working for the Central Bank, Mr. O'Connell.

Mr. Tom O'Connell

No, he wasn't, but, I mean, there was ... people were not ... my ... if I were to have packed it in, it would have had no effect, in my view. In fact, Nyberg asked me why didn't I write an article in the press. I'm convinced if I did that - it would have been totally off the wall, of course, to do that - it would still have had no effect because that ... you must remember at that time, people were on a high. The boom was ... the boom was going ahead.

No, but you were in a position as chief economist in the bank. You had a position of status within the bank. You were based on the seventh floor of the bank.

You speak about that, you said on page 3 of the statement, you said:

It is sometimes said that nobody seemed to know whether a property boom or bubble was developing. That, that's completely incorrect in my view.

If I read this statement based on a literal interpretation of the statement, it leads me to believe that you were extremely unhappy with what was happening in the Central Bank. You felt your professional integrity was being questioned. You were there in a position of responsibility. If you felt as strongly as you felt here surely, if you felt as strongly as ... sorry let me rephrase that, if you felt as strongly as what I take from this statement, why did you not resign your position?

Mr. Tom O'Connell

I didn't think that would serve any function. I probably could have retired early at the time, say, maybe 2003 or '04, but I'm ... I don't think it would have had any effect. I mean, I-----

What impact were you having in the Central Bank? From this statement here it appears that one could take an interpretation that you were having little impact.

Mr. Tom O'Connell

You kept battering away and trying to convince people that things were going wrong. In fact, one thing I didn't mention there-----

With due respect, Mr. O'Connell, a financial stability report came out in 2007 that said there was a soft landing. That's a total variance to what you've put in your statement to us here today and you're saying, at the same time, you stand over what's in the financial stability report, you might have an issue with the tone but not with its content. So the question is ... someone looking in with a reasonable interpretation, that if you felt as strongly as you felt based on what's in here, you should have resigned your position in the Central Bank, and made a statement in terms of your professional integrity as the chief economist of the Central Bank, if you felt that strongly, based on what you put in the statement here today.

Mr. Tom O'Connell

I was trying to convince people inside that things were getting out of hand. I mean, I remember-----

Were you successful?

Mr. Tom O'Connell

Well, if I had retired or resigned early, you'd be dismissed as a maverick in my view anyway. The men in white coats would probably be sent for and they would bring you away. That's what happens in certain instances. So I don't think it would have had any effect. So I kept trying to plug away and convince people that things were going wrong.

And did you achieve. ... were you successful in any way?

Mr. Tom O'Connell

Well, no, the proof of the pudding is in the eating. I wasn't successful, no.

So, therefore, in hindsight, reflecting now, should you have resigned your position?

Mr. Tom O'Connell

I don't think it would have had any effect. I don't think it would have had a good result necessarily.

Mr. Tom O'Connell

Because people would have just said he is a maverick, he's off the wall. During the boom period, you may recollect, in fact, if you go back earlier even, when you had the dotcom boom and investment managers who opted out of that, for example, they got fired but in the event, of course, they proved to be right.

You speak in your statement about the Central Bank ... should be there effectively to be the voice of reason and to state... surely, if you were ... had these major reservations, you owed it in terms of professional integrity, that if you ... clearly, as you're saying here, that you were battering effectively against a closed door. Surely you had it on the basis of professional integrity and on behalf of the taxpayer that was paying your salary to resign your position.

Mr. Tom O'Connell

I don't think integrity is a question because I would have presented my views as they were but they weren't accepted at a higher level. I mean, that's the nature of things. I have no doubt in the Department of Finance people would have been saying the same thing. I think you're getting some witnesses coming forward with that and if their views are not accepted, that is the nature of the organisation. People at the top decide as to how they play things.

Mr. O'Connell, you were chief economist. You weren't, effectively, someone who was ... a person who was a junior that had just joined the Central Bank. You were in the Central Bank at that stage nearly 40 years. You were probably one of the most longest -serving officials in the Central Bank. So, therefore, I'll ask it one last time. Do you feel you should have considered your position on an integrity basis? Could you have done more?

Mr. Tom O'Connell

Could I have done more? The only other option, I think ... well, I could have resigned. Would that have any effect? We don't know. I could have written an article in the press, say, around 2003 or 2004. Would it have had an effect? I doubt it, when people were, you know, enjoying the boom and the fruits of the boom. I doubt it. People would dismiss you, you know, as a crank as it were.

Thank you. Deputy Joe Higgins.

Mr. O'Connell, how many staff had you in your economic section of the Central Bank?

Mr. Tom O'Connell

I think we had about 25 economists, I think. About six in each of the each of the four departments and there would have been support staff, statisticians and so on. So I would say, you know, depending on what year you are talking about, probably around 50 or 60 maybe. Something of that order, I think.

Fifty or 60. During the bubble period, you had that number?

Mr. Tom O'Connell

I would've ... that's a bit of a guesstimate you know just-----

Mr. Tom O'Connell

-----from memory-----

And, did you have ... did the staff meet regularly or ... in relation to the issues of the day?

Mr. Tom O'Connell

Yes, we would've done. Yes, yes.

And what would've been the main subject of the meetings?

Mr. Tom O'Connell

Well, you could talk about the financial stability committee ... there would be a lot of informal meetings too, you know, maybe involving two or three people. There would have been the progress of the economy, inflationary pressures. There would have been a fair focus on particular topics in the stability area ... financial stability area, and they would've ... the result of those considerations would be special articles and boxes, as they call them, in the stability reports and in the bulletins. Yes.

In relation to ... I mean, the talk of the day up to 2007 was really the property bubble. The massive increase in lending and the price of a home for an ordinary person that was just going crazy by any standards. Was ... did that feature prominently in your meetings and discussions?

Mr. Tom O'Connell

Yes, it did. And that's reflected in the special articles, I think, in the stability reports and also in the research papers which would have been done trying to assess overvaluations, as one.

Was there general agreement among the economists in your section that this was an extremely dangerous development?

Mr. Tom O'Connell

Well, by virtue of the results of some of the studies, you can take it that that was the case, yes.

And, can you just clarify then, what's ... what reporting ... the most senior person in the Central Bank was the Governor, then you had the deputy governor. Can you just take me down a little bit from there and put yourself then, in the position of reportage?

Mr. Tom O'Connell

Yes. Well actually the ... you've the Governor, you've the director general - who is effectively the CEO - and below that you have the deputy director general. Now, the deputy director general was really focused on markets, you know, providing liquidity to the banks, the payment system. His reasonability was the markets, liquidity provision, and the target payment system. So he ... while he would get sight of the economics article and so on, but he wouldn't really ... well he wasn't an economist, but he wouldn't really have had that much input into the economic side of it. So the Governor and director general were the key people as far as we were concerned, you know.

As far as you were concerned?

Mr. Tom O'Connell

As our part of the bank was concerned, yes.

So, for example, in order to get ... in order to get, say, a serious issue onto the board of the bank, who did you have to convince?

Mr. Tom O'Connell

I would have to ... well, the deputy director general at the time, he was also secretary to the board. So to get something to the board you would have had to convince the director general and the deputy director general, because he was secretary of the board too, yes.

And were you on a equal status with those people?

Mr. Tom O'Connell

No, I was below them.

Mr. Tom O'Connell

I was a rank below that.

Were you on the seventh floor as-----

Mr. Tom O'Connell

I was, yes, yes.

Does that mean that you had regular, almost daily, weekly certainly, access to the Governor, the deputy governor and those-----

Mr. Tom O'Connell

Yes, I'd encountered them quite a lot. You know, informally and at meetings as well, yes.

And these really serious issues that you say you had with the price of property, and the scale of lending, did you discuss that regularly with the Governor then?

Mr. Tom O'Connell

I would've mentioned it ... I think I said there ... it wouldn't be daily, but I certainly would've mentioned it weekly I would've thought. If I meet them-----

But sorry, Mr. O'Connell, there's a difference if you ... if I may say so, between mentioning something and having a really serious discussion.

Mr. Tom O'Connell

Well, various papers were done, you know, which went up the line on the overvaluation ... is one. One thing I forgot, actually, when I mentioned about the high house price levels in Ireland by comparison with Europe, I saw from the papers that were sent to me, in actual fact there was a board paper sent in 2003, based on the date on which I had got myself, from my colleagues I had come across in European central banks, pointing out or illustrating that house price levels here in 2003 were high ... were the highest in Europe. Amongst all the capitals, and-----

Okay, yes-----

Mr. Tom O'Connell

-----that went ... that went to the board and to the Governor.

Yes. Mr. O'Connell, we've had evidence here in relation to house prices, which, by any standards, we can say were horrific. But you had the same access to the chief executive officer of IFSRA as you had to the Governor, in the sense that he was on the seventh floor as well, or the chairperson, I'm sure, of the board came in.

Mr. Tom O'Connell

Yes.

I mean, these issues were so serious in your view, did you really ... did you ever consider asking those people for a special meeting to sit down and to say "Look, this is going beyond the beyonds." If you were stopped, as you said, formally from getting something onto the board but the danger was so acute, and the price of a home for an ordinary person was obviously going off the radar, did you ever take an approach of saying "Look, this has really gone beyond the beyonds. I want to sit down with you the two ... three of you together and go through this"?

Mr. Tom O'Connell

It wasn't a big complex issue, you know, as I'd see it. I mean, all ... all you were facing was massive increases in lending and a massive increase in property prices and there wasn't an awful lot of analysis required to, sort of, persuade anybody. So, I would've conveyed it to them orally but also papers would have gone up in writing about the ... I think they were mentioned earlier there, about overvaluations and-----

Yes, but it was urgent that something should be done, wasn't it?

Mr. Tom O'Connell

Yes, well-----

The papers and all the rest of it ... you said there was a realisation but no action was taken. Wasn't that ... was that really the fall down?

Mr. Tom O'Connell

You're dead right. In fact, as Nyberg said to me, and he repeated it several times to me, he said "Why did nobody do anything?" I mean, that's the question. They didn't want to do anything. That's the point.

I'll give you a bit of time. And when that question was put to you, and specifically to you, when Mr. Nyberg was talking to you - I would assume that he was saying "What were you doing, Mr. O'Connell?" - what did you reply?

Mr. Tom O'Connell

Well, no, he didn't actually say ... put it to me personally. I can ... I mean, I've had it verbatim in my opening statement. He said to me "Why did nobody do anything?" Well, he may have known that I was on-----

Well, I'll put the question to you so this afternoon if Mr. Nyberg hasn't. Why were you not doing something, if that's the type of question that Mr. Nyberg was putting to you?

Mr. Tom O'Connell

Well, on the bank side, certainly at my level there was no action I could take, you know. It was a matter for the regulatory side. The regulatory people were dealing with the individual banks who were ... whose lending was increasing, I think, as you said at various sessions, 30%, 35%, 40% per year, and ... and ... I mean, to give you an example of what I did when ... when I saw the quarterly data on sectoral credit and I saw the sectoral credit, the property-construction sector going ... increasing at 65%, I went to a leading person in the regulator and said "Something has to be done." They said "No, it's okay. It's secured on property."

Have you put that in writing?

Mr. Tom O'Connell

I have it in my opening statement. No, I didn't put it in writing to the person. No, it was orally.

Okay. Thank you.

So, is it the case, Mr. O'Connell, that you were informally talking about these things but, in retrospect, could it be said ... or ... that you should really have taken much stronger action to bring home to people what was necessary?

Mr. Tom O'Connell

Well, you could ask: should I have done more? But, I mean, as I pointed out to you, even in 2003 that paper on house price levels, which went to the board, I mean, that would be an example. And if ... I remember when ... the Chairman asked me did I appear at the board. Yes, I used to go to the board for certain parts of the agenda and, invariably, the top items on the agenda would be the increase in bank lending, property prices and lending to the property sector. And-----

I understand you to say this, but I'll ask you the question: do you ... do you believe that the board was conflicted, or members of the board were conflicted, because of political and property allegiances, etc.?

Mr. Tom O'Connell

I would only be surmising if I said "Yea" or "Nay". I just don't know. But-----

But you said it in your opening statement.

Mr. Tom O'Connell

No, I said that what I put to my superiors was prevented from going to the board, in my view because of political or property interests on the board. That was my opinion for that being blocked. But I don't know whether the board themselves, the individual people there, would have had issues. You know, I can't speak for them. I don't know.

But did you ever consider approaching a person or a number of persons on the board that you knew would not be conflicted, either politically or in relation to property interests, and say "Look, this is really urgent; this needs to be discussed at the highest level on the board"?

Mr. Tom O'Connell

I wouldn't have done it formally but I would certainly, I think, from my recollection, have done it informally with individual directors. But they would have been aware anyway, you know, through the material they would get and the briefing they'd get from me and the Governor, that property prices and bank lending was getting completely out of hand and had been for many years.

You referred to the ... hang on ... just very briefly ... were you ... what involvement did you have in ... or, if any, in preparation for stress testing?

Mr. Tom O'Connell

Yes, that was mainly done by the stability department and ... I would have had some involvement in it, not a major amount, yes, but-----

Who was responsible for creating and updating the scenarios?

Mr. Tom O'Connell

It would have been the ... the scenarios ... well, the top-down scenarios would have been set by ... the economic modelling area, if you like. They were trying to come up with a consistent picture - for example, if growth fell ... if GDP fell 4%, would unemployment go up by 8% or whatever. And, you know, that scenario ... sorry, a consistent scenario would be set out and that applied then to the banks balance sheets.

And do you know if external advice from consultants or from European system of central banks or the International Monetary Fund ... was there an involvement of those in the drawing up of the model?

Mr. Tom O'Connell

My recollection is that the stress tests, when they were being drawn up, were applied. They were ... there was significant reference made to the so-called best international standards at the time, you know.

And last point, Chairman. You refer to the ... the ... the crises and the crashes in a number of ... many countries, even in the Nordic countries in Finland and Sweden and that. Did ... did you ... and then what happened in Ireland in some senses was quite repetitive of what happened there. Did you ever try ... or your group of 60 economists try, in any really structured way, to learn the lessons of that and put it in front of the board or the Governor, the regulator?

Mr. Tom O'Connell

Well, actually there were 25 economists - maybe 60 altogether say in the thing ... in the group. But, no, actually one of our ... two of our team went to Sweden to actually review their case at the time and I think there were some even simulation exercises which might have been done in conjunction with the Swedes. So, we tried to learn something from them. But, you know, my view, as I said in the opening statement, was that the ... the view ... or the implicit view amongst the senior people was that crashes elsewhere weren't relevant to Ireland. In fact, I know for a fact, if I may add, there was an IMF study done of one particular crisis which was handed to a senior person in the Central Bank and it was declined on the grounds that it wasn't relevant to Ireland.

Senator O'Keeffe.

Thank you, Chair. Mr. O'Connell, do you take any share of responsibility for ... for what happened? You personally?

Mr. Tom O'Connell

Well I suppose anyone in a senior position in the Central Bank, yes, has to take some responsibility, you know, even though I felt we were headed for big trouble ... 2001-2002. And, in fact, I wouldn't have been the only one because the Government had requested the three papers from Peter Bacon to look into what could be done about the ... the property price boom. Yes, so, anybody in a senior position in ... in the regulator or the Central Bank has to take responsibility. So, I mean, the whole thing was wholly avoidable in my view. It was unnecessary.

I'll ... I'll come back to that. Specifically, the Financial Regulator was in the habit of holding round-table meetings with banks. Did you ever take part in those meetings and, if so, could you tell us a little bit about it?

Mr. Tom O'Connell

Yes, they were actually in conjunction with the financial stability report. In fact, the ... the people who chaired it really were the director general and, yes, I think the Financial Regulator was there too. So, up to a certain point ... to a certain year, we used to have the round table with the banks prior to doing the stability report to see what issues were there, you know. And the ... that would feed in then to the stability report in a broad sense. Beyond a certain year ... I can't remember the year, but the round tables were held after the stability reports were produced. I think the main point really was to get over the message that these risks were out there and the banks should be aware of them, you know.

And what would you ... how would you describe those meetings? Were they confrontational, cosy? You know, what went on? Was it a pure exchange of information? Just tell us what it was like because we don't know.

Mr. Tom O'Connell

Well, they tended to be ... a bit of a monologue, sort of, in a way, you know. So, the ... the bank side ... my colleague Frank Browne would make the presentation about the issues and so on, based on the stability report, and, you know, we tried to have a conversation then amongst on the banks.

Now, maybe the banks were a little reticent because there were maybe seven or eight or nine of them there and they weren't going to be that forthcoming themselves. So the interaction was probably a bit inhibited, I think, really, you know. But it was ... the main objective, I suppose, was to get over the message to them of the risks that ... as we saw them.

Okay, so this was the opportunity on the part of the Financial Regulator to communicate the risks that were out there, personally, to the banks? Would that be a fair assessment?

Mr. Tom O'Connell

Yes, but two people said.

Okay. And so then the banks would then leave the room knowing that this is what your shared view was of the risks?

Mr. Tom O'Connell

Yes.

That would be a fair ... and would it be followed up in writing with notes that would then be circulated to all the banks or was that the end of it when they went home?

Mr. Tom O'Connell

Well, on the bank side, we didn't have communication with the banks individually, you know.

Sure, but would ... I'm sorry ... would a note be made of what had happened at the meeting and that note be circulated to those who had attended?

Mr. Tom O'Connell

Well, certainly, notes were taken ... records were taken of the meetings. Whether they were sent out to the banks or not, I couldn't say offhand, you know.

On ... in your own statement, you make a reference to the two main banks deciding to sell off their headquarter buildings. I'm asking whether you know or whether you were surmising what you ... what you go on to say was that "the case that their lending colleagues in the banks were at the same time even financing in whole or in part the acquisition of these premises." Do you know that that happened, or are you surmising that it happened?

Mr. Tom O'Connell

No, I'm just asking a question. I don't know. In fact, the amount was so-----

Because if you don't know-----

Mr. Tom O'Connell

Sorry-----

Mr. Tom O'Connell

The amounts were so large that obviously it had to be funded by ... from either private venture capital, or whatever you call it, or banks. It was quite clear. But actually, at that time, in fact, I think the banks themselves, when they were pressed, maybe at an AGM to explain it, they said "Oh, it's to generate more capital for ourselves." But when you think of it, in that itself, is bizarre, because they wanted more capital to engage in more lending ... to make the bubble worse, you know. So the thing was ... that's an issue, I think, that should be looked into.

Okay. What is the strength of your feeling about things going wrong and so on? Did you ever write to anyone outside of your own circle, if you like ... of your own superiors ... so to the Department of Finance, to the Minister, to anybody?

Mr. Tom O'Connell

I didn't write, but I would go to some European meetings with the second secretary of the Department of Finance and I certainly would've said it to him, that things were going crazy ... we had to rein in things, but-----

And what response would you have had?

Mr. Tom O'Connell

Nothing significant, I think. Just noting it really, you know. Probably at that time, the general view seemed to be that we were on a roll and things were different here, you know, this is-----

Did people use that language, or are you using it as you look back?

Mr. Tom O'Connell

Sorry, what?

Are you using the expression "on a roll", because people used it to you at the time or are you just using it now as a common parlance?

Mr. Tom O'Connell

No, I'm ... you're asking why did people not respond to me, and I just presume that they think that things were going so well-----

Okay, you presume-----

Mr. Tom O'Connell

-----we didn't have to do anything.

Okay, that's fine. All right. I mean, you were with the Central Bank and the Financial Regulator for your professional career, is that correct?

Mr. Tom O'Connell

I was with the ESRI before that, yes.

So generally speaking ... public servants, people working in that sector, generally tend to put things in writing ... tend to be quite formal. And yet we've asked about a number of things that you've raised and you have said to us that on each occasion that you did it informally, that you might've said it rather than written it. Why? Was there a reason why you didn't write all those things down? Because that's generally what happens.

Mr. Tom O'Connell

It would've been ... I mean, issues about the overvaluation of property and that sort of that thing and the mad lending of the banks ... that would've been ... there would've been all sorts of memos and things flying around the place, but I'm talking about, you know, encountering somebody on the seventh floor going to lunch and I might say ... I would say to them "The banks are going crazy", you know, that something has to be done.

Deputy Higgins particularly asked, he said, you know, would you not ... was it ever the case that you might've called a meeting together of those people because you felt so strongly and that would've, if you like, given it formal intent, rather than, as you say, an informal thing which we're all ... we all do all the time ... people might pay attention. So, I'm just wondering why there was such a level of informality in the way that you approached what you clearly thought was very serious.

Mr. Tom O'Connell

Well------

You want to stop there, just-----

Mr. Tom O'Connell

Sorry. Yes ... no, the issue would've arisen in any event at the financial stability committee, you know.

You were a member ...

Mr. Tom O'Connell

I was that, yes. So, I mean, they would've ... the financial stability committee would've processed all the material, say, going into the stability reports, so that would've covered overvaluation, commercial property, property prices and so on. So there would've been formal discussions there, that would be the forum where ... and I'm sure I would've expressed those views, you know.

Yes, but, at the same time, you've said that while you may have been expressing these views, they didn't have ... they didn't have an impact or they were not listened to. So I'm just trying to work out-----

Mr. Tom O'Connell

Yes, yes.

-----at what level was the formality?

Mr. Tom O'Connell

Yes. No, well, the papers that would have come forward to the financial stability committee would have been from my departments, you know.

Mr. Tom O'Connell

So I would have had some ownership, if you like. I mightn't be the direct author of that, but I would have had input into that.

Mr. Tom O'Connell

So there were formal papers that certainly went to the financial stability committee, and some of them ended up in the stability report, except for the 2007 one, which was withdrawn. So there would have been many formal written documents there.

So you did have that channel to present some of more of the robust thoughts that you had. Some of them would have made it all the way up, and some not?

Mr. Tom O'Connell

Yes, yes. Well, they would have been considered at the financial stability committee. Now, what would go further from that into ... I mean, the financial ... financial stability committee items often ended up in the financial stability report, but some of them might not though. Yes, that's true.

Mary Burke, in her evidence here, talked about informal meetings that took place on the seventh floor where ... where senior bankers came in and would meet various senior members in your offices. Were you ever part of the meetings that took place?

Mr. Tom O'Connell

Not with ... not from the regulatory side but, I think, as I said in the statement, my ... the impression I got was that the Governor was not ... didn't have much contact with the banks, because that was all done by the regulatory people, if you like. So at a particular point I can recollect he evidently felt that he would need to get to know the chief executives and the chairmen and so on. And that might have been probably around ... it would have been obviously after 2003 when the structures were set up. Maybe around 2005. So he would have had regular meetings then, maybe six-monthly, say, with the chief executives and the chairmen and maybe some credit officers of the banks. So I would have met a lot of those with him and the director general as well, you know, so that was the forum where the big issues, if you like, were discussed, including, of course, the first thing put to the banks would be, "Your lending is increasing massively, property lending too"; and they sort of invariably said things were okay, you know.

So the banks would be saying things are okay. The Central Bank would be saying to them "Things are not great, you're lending too much". What would happen then? I mean, that's two diametrically opposed points of view.

Mr. Tom O'Connell

Yes. Well, with a ... yes, we would probably have ... the Governor would have been putting it to them, I think, that we're sceptical about things, you know. "Are you getting out of hand, are you going over the top?" So we wouldn't have sort of said, "You're absolutely going bananas." But they would invariably tend, to my recollection, would, at the time, would ... their point would have been, "Yes, we have everything under control", you know.

And was that then as a reassurance to the Central Bank?

Mr. Tom O'Connell

Yes. Well, see we were the bank side then. I presume it was probably the view that the regulator then, who was the regulator of individual banks, should follow on from there, or was following on from there, I should say.

Did you know that, that he was, that the regulator was?

Mr. Tom O'Connell

I didn't know. I mean, in fact, we sort of operated in silos. I think I have to put that, you know, the ... we didn't, as I said earlier, I never knew the large exposures of the banks. So what they were doing on the ground in their inspections and themed examinations and so on, we were out of the picture, we didn't know.

Thank you, Chair.

Thank you very much. Deputy Doherty.

Go raibh maith agat, a Cathaoirligh agus fáilte romhat, tUasal O'Connell. Can I ask you first, after the 2004 we had the IMF, the OECD and ECOFIN all clearly recommended a tighter fiscal stance, and the building of a "cushion" for the time when income from property-related transactions would fall. Can you tell us why, in your opinion, the Central Bank's recommendations to the Minister did not more forcibly alert the Minister to this issue?

Mr. Tom O'Connell

Well, I would have, again from my recollection, I know I was sent ... I was sent some of the letters from the Governor to the Minister. I think he tended to be ... the letters tended to be, sort of, conservative for the most part, you know. It may not have gone so far as to build ... recommend building up a cushion, but you must remember the pension reserve fund was there at the time, you know, and certain amounts were being set aside. But it probably wasn't appreciated at the time that the extent to which property-related taxes, in the round, were contributing to the overall tax revenue.

And did you appreciate that?

Mr. Tom O'Connell

Well, I knew that things like stamp duties and so on were very high, incomes were very high.

I mean, I think I saw some graphics there to the effect that property taxes were 30% of total tax revenue. I wouldn't have ... I wouldn't have assumed at the time that they were that high, no, I wouldn't.

It's interesting that you talk about assumptions. Can you ... can you clarify maybe your role. As chief economist of the Central Bank of Ireland, would it be a case where they, you know ... these types of statistics are available to the public, they're published by the Revenue. I'm not sure if they were at that time but I know at this stage they're published by the Revenue quarterly. Anybody with a calculator can figure out what type of proportion of taxes make up such and such. How would the chief economist of the Central Bank of Ireland have to assume these matters back at that time in 2004-2005?

Mr. Tom O'Connell

Yes, well, the 30%, I think, probably came later, Deputy. But, no, well, I think at the time things like VAT, you know, VAT on construction ... that wouldn't have been separated out, so people wouldn't have known that. Now, we did a few studies late in the day, I think, admittedly, maybe around 2006-2007, trying to focus in on the ... the property-related taxes. The main one, I think, was the stamp duty, you know. But you'd have to go behind the whole picture to get the VAT thing and that certainly wasn't upfront at the time. But, yes, we were informally well aware, of course, that ... I mean, the construction sector - I think as maybe the Chairman was saying earlier on - directly employed one in seven in the economy. If you take a broader view, you-----

I'm interested in just what the ESRI and ... sorry, the IMF, OECD and ECOFIN was saying in relation to property-related transactions. And when you were chief economist ... obviously, under your position of chief economist, you had the number of divisions, one of them would have been statistics - wouldn't that be ... that'd be correct - economic analysis and monetary policy and fiscal stability. When ... when these agencies, external agencies, were talking about a cushion to build up for the time when property transactions would fall, did you commission ... or ask any of the divisions below to actually ... "Let's actually look at what proportion of the State's revenue is made up of property transaction", or can you recall when, if any, that you actually asked for that type of research to be done?

Mr. Tom O'Connell

I think it was done later, actually, you know, maybe ... probably around 2006-'7, I think. So, I have to admit it wasn't done early in the day, you know, maybe about 2002-2003. It was done later, I think, yes.

And why, given that these bodies were asking for a cushion, did you ... did you decide not to look into this issue?

Mr. Tom O'Connell

Well, we would've been aware of it but, I mean, we mightn't have been aware of the precise magnitude involved. But we were obviously aware of the fact that, yes, I mean, construction activity in the round was generating was a lot of tax revenue, which could fall away in due course. So, we may not have quantified it, you know, at that early stage, but it was done later, yes.

Is this not a kind of ... a kind of core area of financial stability if there's a threat to a major source of income to the State being ... being evaporated over a short period of time?

Mr. Tom O'Connell

No. I ... I wouldn't regard it as a financial stability issue. I mean, if consumption falls away, you know, VAT and excise duty will fall away, as they do from time to time, so, I mean, it might have had a effect. Unless you got a massive collapse in the construction sector, as we had ... that did have a big effect. But if construction were to fall back from say, one in seven in the economy being employed to one in eight, it wasn't going to be a big issue, you know. You may as well, sort of, look at other tax headings and ask "If something were to happen there [you know] should we look into that carefully?"

Yes. I'm not sure if the IMF, the OECD and ECOFIN were all warning about property-related transactions or, for example, VAT-related transactions. I think the question really is ... is what did you do after being prompted by external agencies in relation to this matter? But you're confirming that you didn't carry out any research, or you didn't ask for any research to be carried out, until a later stage, until about 2007.

Mr. Tom O'Connell

I think it was later actually, yes, I have to say, yes. But, I mean-----

Mr. Tom O'Connell

Sorry, the IMF and these ... they would have many recommendation or many points in their analysis, you know, that you would ... might pick up or not as the case may be.

Okay. In your statement you mention that at least one person on the board who was seriously concerned about the financial crisis ... and I'm not asking you ... and I'm asking you not to name the individual, but can you elaborate on the events that you remember in relation to that case?

Mr. Tom O'Connell

It would be the ... it would be in the context of the part of the board agenda where I would have been present, and that would have entailed giving indicators of ... in relation to economic ... current economic activity and prospective economic activity. So I ... that comment would probably have derived from a presentation about bank lending ... bank lending to the property sector and property prices.

So, you know, there would have been discussion around the board table then and people talking to and fro and this chap-----

What year are we talking about?

Mr. Tom O'Connell

I would say about 2002 or 2003, early on-----

And you were at the meeting?

Mr. Tom O'Connell

Because I heard it, I was there, yes.

Did you offer an opinion at the meeting?

Mr. Tom O'Connell

Well, my opinion would have been embodied in the presentation which was that the bank lending was very ... enormously increasing and property prices and so on.

When we have a board member saying that this was going to collapse like a house of cards, is that not your prompt? As you were saying, that you were trying to get this message out for such a long time ... you're at the board meeting, one of the board members has said "This is going to collapse like a house of cards" ... is this not like the doors opened?

Mr. Tom O'Connell

The convention was that staff members in the bank don't speak at the board, you know, the secretary certainly doesn't, who would be the deputy director general. The director general tended to keep a low profile too, so it was sort of left to the board ... it was deference, let's put it like that, to the board members, you know. So, for a staff member to be leading the agenda while evidently we presented the data and so on and the implicit problems, it was there for the board to tease it out and to come to a conclusion and he was in a minority of one or two, you know.

Are you aware of any other contrarian voices inside the Central Bank or IFSRA and can you outline some examples? Again without mentioning names.

Mr. Tom O'Connell

You're not talking about the board. No, I think my economist colleagues would certainly have been ... some of them on a par with me ... well, the head of stability was on a par with me and other economists. In fact, I can recollect almost every ... we'd have say coffee or whatever the hell brought around at - for a ten minute break - around 11 o'clock and invariably property prices and bank lending to the property sector came up, you know, somebody may-----

Who had the authority to issue papers on the board? Like, one of the divisions under you is the publications division, when you were chief economist, who had the authority to sanction research papers? Did it have ... was it the Governor or the board or could you do that?

Mr. Tom O'Connell

Well, the research papers ... I mean if they were particular technical ones with a lot of statistical analysis and econometrics and so on, unless it was a very sensitive topic, I can recollect going back, for example, on analysis of devaluations ... that wouldn't be allowed go out. But if it was, for example, the research-----

Property sector, property sector------

Mr. Tom O'Connell

Yes, there were papers on overvaluation which would have gone out. Yes.

The question is did you have the power to authorise research papers on commercial property, for example?

Mr. Tom O'Connell

I think I probably would have. It might depend on the message at the conclusion at the end of it.

The research ... it would be researched, so you can't predetermine what the conclusion is----

Mr. Tom O'Connell

I know, yes-----

-----on a piece of research.

Mr. Tom O'Connell

No, but normally the research would go through a lot of econometric statistical analysis and, you know, that would be out there. Then, there would be a concluding section in the paper saying things are sound or things are not sound. So, depending on ... my recollection is ... depending on what the conclusion would be pointing to, if it was pointing to a big problem, it might be withdrawn or sort of ...

No, the question is, sorry, sorry-----

Mr. Tom O'Connell

But in general we-----

Sorry, just to ... just here ... the question is did you have the authority to commission the research? At that stage, you would have no idea what the conclusion would be, it's a piece of research.

Mr. Tom O'Connell

Of course, yes, I mean-----

Okay. What ... can I ask you, I'll make a quote because Mr. Dan McLaughlin came before the committee and he said and I'll quote him:

The other thing I would point out is the major losses in Irish banks were not in residential property, they were in commercial property ... in commercial property. Not many people, if I recall, wrote anything about commercial property, and that was what caused the damage for Irish banks' profitability and caused them to require significant capital inflow.

I'd ask you two things. Do you concur with that statement? The second thing is, as chief economist, who had the ability to commission papers on commercial property, what did you do, when did you do it and what did you do with those papers if they were commissioned?

Mr. Tom O'Connell

Yes, I'd agree with the statement by Dan McLaughlin, yes, and it's true in most countries, including the countries you mentioned ... the banking crashes. We didn't specifically commission research on commercial property for a separate paper but, I think, if you look back at the stability reports, they would have dealt with commercial property, you know. For example ... I'm reminded the material sent to me pointed out that, say around 2003-'04, lending to the commercial property sector was rising at 40% to 45%, so there would have been commentary on that including vacancy rates, rental incomes and so on, embedded in the stability reports. Now, I think, later on then, there were special articles, if you like, in the stability report but that came late, I think.

Now, I think, later on then, there were special articles, if you like, in the stability reports but that came ... came late, I think.

Can I finally make this point? You've been informing our committee and we thank you for that-----

Last question now, Deputy.

This is the last question. You've been informing the committee - and we thank you for that - about the difficulties you had in trying to get your message out. You now inform us that you had the ability to commission papers on behalf of the Central Bank and you did not commission any paper in relation to commercial property, which, you agree, was the reason that caused the banks to collapse eventually.

Mr. Tom O'Connell

Yes, well, we did analyses on commercial property. But I mean, if you're talking about a paper with separate covers, if you like, as research papers that I've done and issued from time to time, was there one on commercial property? That didn't happen, I think, until about 2006 but we did have certainly commentary on commercial property developments - vacancy rates, rental, capital values of commercial property so they were all there and we knew that, you know. So the commentary was there. Maybe they weren't as highlighted as they might have been in special research papers until late, yes.

Can I just maybe round that off with you there, Mr. O'Connell? Back in the day, you'd wake up in the morning property would be on the radio, it would be on the television. You'd go for a pint that night and it would be the conversation at the table that you'd be drinking at and it would be at the table that I was having a pint at. So talking to your colleagues about property you didn't have to be in the Central Bank. You could have been working in a slaughterhouse or down making yo-yos or whatever. Everybody was talking about property. So I'm not ... I'm trying to get a quantification in my head from you as to as to how much general chit-chat you had on property in the Central Bank and on the seventh floor and how many documents you actually put your name to the end of that expressed concerns.

Mr. Tom O'Connell

There would have been a lot of chit-chat.

I know that.

Mr. Tom O'Connell

Yes, okay.

We were all chit-chatting. That's ... what I want to get at is a quantity of documents and research materials like Deputy Doherty indicated. Presentations that had your name at the end of them that were reflecting the type of concerns that you're expressing here that you had many, many informal conversations about this over in ... in the building. But I am trying to get a quantification as to how many documents you put your name to the end of that actually substantiated that position.

Mr. Tom O'Connell

Well, in the publications area, the quarterly bulletin I would have always done the comment, if you like, the editorial and that would have ... that would have featured there quite prominently but, as I say, in a watered down way if you like. Now, every month-----

Now, you are saying there's documents there, are you?

Mr. Tom O'Connell

Yes, My ... sorry, Chairman, my name mightn't be attached to them, nor would it be in the board papers where I would attend. The material would be sent to the Governor and he would make the presentation. I'd be there. So there would be a monthly assessment, if you like, of the situation with property and bank lending figuring very prominently.

But are you ... in fairness these composited documents and what I mean by that they work as a team, a presentation is made, everybody has an input. What I'm looking for is specifically something and it's not that you went out to The Irish Times and wrote an article or to the Irish Independent or the Cork Examiner for that matter or it's not that you would were going to do a Morgan Kelly issue but an internal memo, some correspondence that went into a formal structure. Could you be ... give us some quantification of that because my next question will be very specific to this? So can you give us some specification?

Mr. Tom O'Connell

I'm sort of recollecting. Well, the one I would have been certainly responsible for was the one dealing with ... again, my name mightn't be on it because board papers didn't usually have ... often have the name on it, the data on house price levels throughout Europe where we were the highest by far in 2003 and, of course, it went higher.

Mr. Tom O'Connell

As I say, the monthly material for the board would have come from me, essentially. But my name wouldn't be on it. And the-----

Maybe if I can invite you, because I ... it would be unfair to be able to ask someone maybe to recall a whole load of information all at once. But could I invite you maybe to correspond in writing to this inquiry ... to this inquiry after today's hearing because we have gathered tens of thousands of documents at this stage and we will be going through stuff trying to locate stuff with people's names at the end of it in terms of our evidence books and all the rest of it. And bearing in mind that there is section 33AK rulings where we wouldn't be getting that explicit. But it would be very insightful for us if you could write back to us and maybe tell us where some of that documentation is that could assist us in locating it where your name is specifically at the end of it, rather than a composited document that was done as part of a team. Could you that do that please?

Mr. Tom O'Connell

I will, yes.

Thank you very much.

Mr. Tom O'Connell

Actually, can I just say before doing that, some of the economists who would have prepared papers, say, on overvaluation, I mean, they would have been done, say, under my overview or my colleague on the stability side. Their names would be on it but our inputs would be into it, so, you know, there is that.

All right. Maybe that may match with the documentation that we already have to hand and if not, we may have to go looking for it. Okay, Deputy John Paul Phelan. Sorry, can I just make a break for two minutes there please, just for a comfort break so that people can just use the bathroom very quickly and we will return, okay. No excitement or drama, it's just simply a comfort break. We'll suspend for about four minutes, okay? Or five minutes, say.

Sitting suspended at 6.21 p.m. and resumed at 6.26 p.m.

We'll go into public session, so, please. Okay. So I'll just allow members there to get settled in before we formally propose we go back into public session. And if that's now agreed, I just want to clear up one matter and then I'll bring in Deputy John Paul Phelan. Further to my earlier request there, for correspondence, Mr. O'Connell, what I would be looking for there is specifically material in which the key issues go beyond what was already in the public domain, not the general chit-chat that we were talking about earlier, but specific issues that you were feeding up the line. Deputy John Paul Phelan.

Thank you, Chair. Good afternoon.

-----you might get that corrected.

Well, some similarities perhaps. Mr. O'Connell, can I first ask you, and this, I think, was touched on earlier, if you were regularly taking part in the ... in the monthly board meetings of the Central Bank and financial services authority on recent financial and economic developments, and how rigorous or challenging those particular meetings would have been?

Mr. Tom O'Connell

Yes ... yes, I ... I would have been there for those particular items on the agenda, for the most part, and they were really just a recounting of what was happening. You know, bank lending, property prices, that sort of thing, economic growth, prices and so on, so there ... there would have been graphics, and so on, shown to people, and-----

Was it a historical analysis then, kind of, effectively?

Mr. Tom O'Connell

Well, it was an up-to-date one, yes. Yes, and, it ... it was, sort of ... a running ... a run down on current developments, if you like, as the name implies, I think. And it would have been open to the board then, and to ... they would discuss the, you know-----

Would you have been offered for your own ... asked for your own view directly?

Mr. Tom O'Connell

Not usually, unless the Governor asked me to come in on something, say, some point of detail. You know, it would be left to ... the board members would be discussing it amongst themselves for the most part, and I'd be there just as a back-up to be called on if ... if there was a ... if somebody had a query which wasn't already addressed.

Did you get an opportunity to raise some of the concerns which you have expressed in evidence here at any of those monthly meetings?

Mr. Tom O'Connell

I ... I wouldn't really have probably contributed that much, as a rule, unless I was asked. I mean, that was the expectation, you know. The staff member would come forward or the paper would be presented by the Governor for the discussion there, and it would be, sort of, supplementaries as you'd be asked. I mean, it ... it would be not the norm for me to come in and say "Well, things were ... were in a very bad way, you know, and let me elaborate on that", but it was pretty obvious though from all ... all the indicators that were presented to the board that things were ... were going ... were bad, you know.

In hindsight, do you think you should have used the opportunity differently at least?

Mr. Tom O'Connell

Possibly, but, I mean, as I said, I think, earlier, I would have had mentioned it informally to board members, you know, say, at the coffee break or whatever, I think. And, occasionally then I'd be asked to ... to join them for a board lunch. They rotated that amongst the seventh floor people.

I certainly would have mentioned that to the person I was sitting beside.

Did you feel that all of the members of the board, for the various years that you would have been coming to those meetings, were sufficiently well prepared or understood the analysis of the reports and the discussions which were taking place? I am not asking you to name any names.

Mr. Tom O'Connell

Sure, yes. I would have thought so because Ireland's collapse has not been a complicated one. It is not like ... the Irish banks did not get involved in the sub-prime mortgage assets in the States, some of which were divided up and they got credit ratings on. People have called it a common-or-garden, plain vanilla property crash. So it did not require any sophistication to figure out what was happening, if you saw the data in front of you relating to property prices and bank lending. I think I said in the opening statement you had about ten other banking crashes similar to that in the previous 20 years. So it did not require any sophisticated sort of simplification for the board members to figure out what was happening.

Why do you believe then that they didn't take action if it was that straightforward?

Mr. Tom O'Connell

I think like everybody else in the country, for some reason, there was the assumption that things were going wonderfully well and they would continue. Anybody who questioned what was happening was derided like Morgan Kelly was. You must remember Morgan Kelly came at it very late in the day. I think his article, was it in the ESRI in 2007, in fact the die was cast way before that. We were going to have a crash, it was inevitable from about 2004.

Just dealing with that issue, you mentioned Morgan Kelly's appearance in Kenmare earlier on in answer to some questions. Were you there yourself at that particular-----

Mr. Tom O'Connell

No, I was not there.

Would there have been representatives from the Central Bank?

Mr. Tom O'Connell

I would have thought so, from the Central Bank yes.

Did they become involved in anything to do with that discussion, can you recall?

Mr. Tom O'Connell

I would doubt it because when people went from the bank to these conferences outside, the expectation was you kept your head down on any controversial issues. You were expected to. In fact I remember famously a chap made a presentation at a conference. It was about the money markets, money market interest rates, there was sort of a sophisticated econometrics. He was told by the then Governor at the time "When you go to that conference I don't want to see anything in the paper and I don't believe in econometrics." They were the two points made to him.

Okay. I will change briefly then to the OECD reviews from 2006 and 2008, noting that house prices had overshot their fundamentals. In 2006 they did not rule out a hard landing but predicted that a soft landing was more likely. In both 2006 and 2008 it concluded that the banks were sufficiently well capitalised to be able to absorb any likely shocks. In your opinion, was the OECD's conclusions the result of data that they had obtained from the Central Bank or financial services regulator, or was it as a result of any independent analysis that they conducted themselves?

Mr. Tom O'Connell

Their analysis would be done on data they had themselves. In fact my reading of the OECD, people have been saying that the IMF and OECD got it wrong totally, they missed it. But actually if you look at the technical stuff in the IMF papers, I think there was annex 1 in maybe IMF 1999. It was pretty clear that they were looking at overvaluations. I think the OECD, this chap van den Noord and somebody else did a special article. They made the point that if ... people were talking about fundamentals in relation to the property market here. But when you think of it, the fundamentals would have been things like peoples' incomes and population and so on. That is fair enough. That drives the demand for housing, but that should not drive the price of housing. If the demand for televisions goes up, for example, you don't expect the price of televisions to go through the roof. In the case of housing, a house can't be produced as quickly as a television set. That is where the zoning issue comes in, because housing has to be somewhat elastic in supply. If it is not, you have got a big price increase when demand increases.

The OECD analysis, I think it was van den Noord and somebody else who wrote the article, I will glance at it again, they pointed out that if you look at the demand for housing and the fundamentals, if in the estimation period for your demand function, if the determining factors are actually themselves influenced by the boom, you are explaining boom prices in terms of boom explanatory factors, but that is not correct. So they went back, because you are explaining boom in terms of booms which is circular.

They went back and said if you abstract from the boom period and you look at the econometric analysis up to, whatever it was, 1998, and you extrapolate further on from that, then, they said, the overvaluation is 50% and I wouldn't disagree with that.

How did they come to the conclusion of soft ... like, I accept what you're saying about their underlying analysis but their final diagnosis-----

Mr. Tom O'Connell

Well that ... yes.

-----was contrasting to it.

Mr. Tom O'Connell

Yes, well that's where the puzzle arises because just as the IMF ... if you look at the detailed ... the annex, annex 1, where the technocrats would be doing this sophisticated exercise. I mean, the overall assessment, maybe in both the OECD and the IMF, tended to differ from what the technical analysis projected and in fact you could ... that can only be explained, I suppose, in terms of the people who are doing the overall assessment reckoned that "Oh, this is a special, technical exercise, you know, it's a little bit ... okay, we can't be sure about it. It's interesting, but it doesn't carry over to the main message."

Mr. Tom O'Connell

That's the only way I can understand it.

My time is nearly up. One final area that I want to cover ... in your opening statement - and again without naming any names - but you stated that in the Central Bank, this is a direct quote: "In the Central Bank it was difficult to get views through that might impinge on vested interests." I just want you to maybe briefly outline for the inquiry what those vested interests were and how they manifested themselves, really, in the operations of the Central Bank.

Mr. Tom O'Connell

Well, I think the bank's message ... my view was that you should put a gloss on most things, you know, and it goes back to the independence issue again, you know, is a Central Bank ... maybe in a small country like Ireland, while we're legally independent, is the Central Bank actually independent and ... so there was an overall view that you don't call a spade a spade, you know, even if it's staring you in the face. You try to put a gloss on things and that carried over, as I said earlier, to IMF and OECD assessments too. If they were coming up with a negative message, you tried to twist their arms or at least various people tried to twist their arms, to put a gloss on things and not to put a negative picture forward.

How did that ... you gave a couple of examples of outside bodies where some twisting of arms, or other expressions, might have happened or tried to happen, but how did it manifest itself in the operations of the Central Bank itself and in terms of your role as the chief economist?

Mr. Tom O'Connell

Yes, well, for example, I mean, I usually did the editorial for the quarterly bulletins or whatever and, you know, you try to paint a picture as you saw it, a realistic picture, but if that didn't pan out to be a pretty positive picture, there was a view that you sort of ... you bend it a little bit to make it more positive, you know? That was pretty pervasive, in fact.

Okay, thank you, Deputy. Senator Michael D'Arcy.

Thank you, Chairman. Mr. O'Connell, on page 4 of your written statement, you state, about halfway down through the second paragraph:

Around that time, a memo was sent from the economics function in the bank to the then Governor recommending that bank lending to the property sector needed to be reined in; for many years in the past the Central Bank imposed credit ceilings on banks in the interests of prudence. The response to the note was that the Governor would have to consider bringing the proposal to the board. However, at the top of the note were the words, evidently added subsequent to the first comment, "That is out of the question". (I have a copy of that memo.)

Could you provide that memo to the committee, please?

Mr. Tom O'Connell

I can do that.

Yes. Could I just ask-----

Give him a moment just to make a note of it.

Yes. In your statement, you suggest that the authorities were well aware of the dangerous developing situation in terms of the property bubble. When did you realise that there was a bubble forming? When did it start in your own mind?

Mr. Tom O'Connell

I would have ... I would have thought probably around the time when the Bacon reports were called for, that was around 1999. In fact, I remember the Central Bank, in its commentaries at the time, would have been flagging, significantly, property price issues because I can ... I can recollect actually Shane Ross, in the Sunday Independent, talking about the Cassandras in the Central Bank, you know, which sort of means that they're whinging about ... they're crying wolf, if you like. So, back then, I mean, the ... in fact, yes, back then, even before the year 2000, there was a property bubble emerging.

And, tell me, when did you believe that it moved on from an ordinary property bubble to a very serious, significant property bubble; that it had become really excessive?

Mr. Tom O'Connell

Well, at that time ... but even going on further ... in fact, I can recollect you, Chairman, saying at one of the sessions here property prices had risen to eight to ten times incomes. In fact, when I went to a Dáil ... an Oireachtas committee, I think it was to do with SME lending, which was an issue there a few years back - still is, I suppose - but I remember saying to them that property prices in Dublin were actually 12 times average national incomes. When you come to think of it, the traditional benchmark, I think, as you, Chairman, said, was two and half times income.

I asked you when did it become really excessive?

Mr. Tom O'Connell

When? It was massively excessive around 2000, and ... I mean there was a dip around ... property prices dipped around 2002-2003 you may recollect, when the budget took interest expenses away from buy-to-let people, to try to get them out of the market.

It was massively excessive around 2000. And what term would you use for the subsequent growth, as we've seen in previous evidence from AIB, Bank of Ireland and Anglo in the region of 30% per annum growth year-on-year compound-----

Mr. Tom O'Connell

In credit?

In the balance sheet, yes, of the banks?

Mr. Tom O'Connell

Yes, it was-----

I mean, in mind ... keeping in mind that you said in 2000 it was massively excessive.

Mr. Tom O'Connell

Well, I mightn't use the word "massively"-----

Mr. Tom O'Connell

-----in 2000-----

Mr. Tom O'Connell

But it was excessive-----

Mr. Tom O'Connell

Yes, it ... which explains why the Bacon reports were requested, you know.

What term would you use where ... where it eventually got to where it got to ... what ... what was ... what was the one term that you would use?

Mr. Tom O'Connell

Well, you ... yes, I think you've mentioned that it's been mentioned at earlier sessions here, that bank lending was rising at 30, 35%, etc. I mean, I mentioned 65%, you know.

Those are the figures that we've quoted here.

Mr. Tom O'Connell

Yes, yes. But I mean that was enormous. That was-----

What term would you use for that?

Mr. Tom O'Connell

Horrendous, I would say.

Horrendous, okay. And can ... what did you ... what was the role that you used? What was your role within the Central Bank as the most senior economist that straddled both the Central Bank and IFSRA in terms of what you did to prevent that year-on-year horrendous growth? Unsustainable, in your own terms.

Mr. Tom O'Connell

I didn't actually have a role in the regulatory side, you know, we were sort of divided. But at the financial stability committee-----

Did you have access to the consolidated data?

Mr. Tom O'Connell

Oh yes, yes. We knew ... we had the data coming in-----

Mr. Tom O'Connell

-----from the individual banks. So when even when I said the 65% for example, there was ... there would've been banks around that. So some of them were at 45% and others were probably at 85%, you know. So the thing was completely out of the ball park. No, I had to try to persuade people. I may not have too much written evidence of it, but it was self-evident that things were keep ... going completely crazy. You didn't have to have a research paper to convince people. I mean it was staring you in the face.

Yes, and you made the point earlier to Deputy O'Doherty, I think it was, that the bubble was a standard bubble, same as previous bubbles.

Mr. Tom O'Connell

Pardon?

The bubble was a standard bubble-----

Mr. Tom O'Connell

Oh yes.

-----and that it was commercial-----

Mr. Tom O'Connell

Yes.

-----commercial property that eventually ... and if it was a standard bubble and you had awareness of it, why was there not reports conducted previously in terms of the commercial sector which was the sector that eventually broke the Irish banks?

Mr. Tom O'Connell

Well, as I said earlier ... well, I ... there was a political element to it as well. I mean, the bank was very political, let's be honest about it, I mean, to the extent that they were concerned about residential mortgages because they are very important for you guys politically, even though residential mortgages don't generally bring down banks. It's commercial property that brings down banks. So the focus ... I mean, what the origins of the focus on the residential mortgage market was I can't quite recollect but, I mean, it would be pretty obvious the indicators for house prices are out there, you know, or were out there. Commercial property prices there's ... I don't think there's an official CSO statistic or series for that. And if you look back at the stability reports you'll see, for example, CBRE indicators or Lisney's or whatever were used. So they were private ones, you couldn't ... I'm sure they were well complied but, there weren't official data there which by ... so there was the political importance of the housing sector and the fact that the official statistics related more to the private housing sector than commercial ... that probably explained why the focus tended to be on the housing sector, even though, I mean, history is replete with cases where-----

Mr. Tom O'Connell

-----commercial property brings down the banks.

Why then, you as the most senior economist, within the Central Bank, did you not insist that it is the commercial real estate sector that is the more dangerous of the two sectors? And that went unchecked until 2006.

Mr. Tom O'Connell

Well, there were commentaries done on the commercial property sector. Now, I think if you look at the stability report, there isn't a huge section dealing with commercial property. You know, it'd be sort of ... there. It was covered all right, but it was beneath the ... what would you call it-----

Perhaps if you could provide those documents as well in relation to the ... for the committee, it would be helpful.

Mr. Tom O'Connell

Okay.

Could I just move on, please? You were a member of the domestic standing group on behalf of the Central Bank.

Mr. Tom O'Connell

Yes.

The simulations ... the simulation of the exercise in light of the crisis that eventually emerged, there were two standards applied, a stress test and a higher stress test. Were you ... were you consulted in relation to the simulation exercise by the domestic standing group?

Mr. Tom O'Connell

Yes, I would have been part of the group that, sort of, conducted that, if you like.

Can I ask you ... a term that you used earlier with me was "horrendous and unsustainable". Why was there not a much, much higher - potentially a doomsday scenario - stress test if you knew that the growth of the balance sheet was horrendous, unsustainable ... why would you just have a standard stress test and then a higher stress test?

Mr. Tom O'Connell

Well, the stress tests are just a ... one tool and, in fact, I think I jotted down somewhere where ... they're not the be all and end all. There's a whole lot of qualifications to do with it. In fact, one of the most relevant deficiencies, if you like, of it in Irish ... in Ireland's case was that it's a sort ... the stress tests are sort of based on the assumption that the collateral can be realised at reasonable prices. In other words, so there's not a big crash. And ... but, of course, that didn't happen here. You know, it was the collateral, when people got ... went to ... when the banks went to seize security they ... the fields ... the green fields out in the countryside were worth nothing. But, in fact-----

Mr. O'Connell, can I just-----

Mr. Tom O'Connell

Yes.

-----can I just hold you there, please, for a moment? You've presented evidence here that ... the term you used was "horrendous", "unsustainable," and yet if the ... if a much higher - potential doomsday - stress test had been implemented, potentially the decisions made by others coming closer to the guarantee might have been different if a much higher stress test had been applied, much higher.

Mr. Tom O'Connell

I'm not sure about that. In fact, can I quote you something from Regling and Watson? They talked about stress tests. They said-----

I'd prefer if you'd stay with the-----

Mr. Tom O'Connell

Okay.

Mr. Tom O'Connell

Would a much more significant stress test have-----

Could a different decision have been arrived at?

Mr. Tom O'Connell

I'm not sure because the stress tests ... the bottom-up ones entailed going out to the banks, sending them a scenario and they would come back. Now, we know the banks had no real basis for calculating the losses. You know, they ... they were back of the envelopes and that's probably flattering them a bit on it. They didn't have-----

Were yours on the back of an envelope?

Mr. Tom O'Connell

Well ... sorry, we did the top-down ones and they were based on econometric models and, I mean, I wouldn't go as far as the former Governor who said "I don't believe in econometrics" but, you know, they're not perfect either. So, no, you didn't need stress tests to see that things were going bananas. It was obvious from the data.

Final question, Senator, and we're moving on.

Things were going bananas. Why then would ... was you ... would ... did you not, as a member of the domestic standing group, not insist, as potentially the most senior non-academic economist in the State ... certainly as the senior economist within Central Bank ... why did you not insist on a much, much more rigorous stress test?

Mr. Tom O'Connell

Well, the domestic standing group only was set up in 2007, you know, so that was-----

I know. I'm not-----

Mr. Tom O'Connell

-----that was way past ... we were dead set on a bubble bursting at that point. Earlier ... no, I don't believe myself that the stress tests are the be all and end all of anything. Even if you had a big one, if you had a massive stress test, God knows what would have come back from the banks. In fact, I think if you read the two articles in the ... I think it's one of the bulletins in 2006 about the stress tests, I think, that the various scenarios put to the banks, in only one case, I think, did the banks come back with a small hit to their profits or capital, and that was sort of an extreme scenario, so-----

I was asking about the domestic standing group, yes.

Mr. Tom O'Connell

Yes, sorry.

Deputy McGrath.

Thank you very much, Chair. Mr. O'Connell, you're very welcome. Can I start by asking you about the crisis simulation exercise conducted by the Central Bank? You're familiar with that. Feedback from staff involved in the crisis simulation exercise cited suggests, for example, too much information, too many voices. Concerns were expressed by the Department of Finance regarding confusion over the roles of the Central Bank and the regulator and other comments.

Based on these comments, in your opinion can the simulation exercise have been deemed to meet the expectations?

Mr. Tom O'Connell

Well ... well I think part of the rationale for the simulation exercise was really to find out, you know, what problems exist in relation to a possible crisis that might occur. So ... I think that maybe the material you sent to me there points out, you know, what the three different parties, how they, how they viewed this simulation exercise and what deficiencies they saw in it. So ... did it serve its purpose? That one did, I suppose, in the sense that it did uncover problem areas. I can remember I think at the time the Department of Finance, for example, they were in a room on the seventh floor and they were there for a long time and nobody came near them for about 20 minutes or half an hour and they wondering what it's all about. So there was sort of lack of communication, things like prioritisation of data was necessary. There was just too much data flying around, it wasn't clear which was important or whatever.

Thank you. Given the parties comprising the domestic standing group, can you outline the possibility that there was a deficiency in the DSG operating model which may have resulted in the group's failure to identify early signs of the crisis? I know that's in light of the comment you said there that by 2007 the goose was cooked, as such.

Mr. Tom O'Connell

Yes. I think the first meeting was probably middle 2007 and at that point the liquidity problem had arisen straightaway. I think it was 9 August. BNP, I think, had a problem, a liquidity problem. In fact the governors across the eurosystem had to come back from their holidays to look at things. So, they were straight in ... the DSG was straight in to monitoring liquidity and, in fact, if you look I think at the material, the minutes and so on and the reports on the DSG for quite a while beyond that, it was very much focused on liquidity and the fact that the Irish banks were finding it more difficult to get access to funds and ... particularly to short-term funds, sorry to longer-term funds. They couldn't roll over longer-term funds, so the Department needed to be kept apprised of that ... on a continuing basis, just to see, you know, how things were developing.

Mr. O'Connell, you've used a lot of strong language today, as regards the views that you held during the years leading up to the crisis. Things were going bananas you said, that was obvious from the data, that you told your superiors things were going crazy, the banks had to be reigned in, that a crash was inevitable, since 2004 there was mad lending, overvalued assets. So, can I interpret from that, that you saw the crash coming?

Mr. Tom O'Connell

It was unavoidable in my view from around that point. And if I can go back to ... house prices were 12 times average incomes. In fact, I remember at that time, I said that to a Dáil committee, an Oireachtas committee. At that time The Financial Times, funnily enough, had a report by the Bank of England that house prices were seven times incomes in the UK, and the Bank of England said it was extremely worried about that. So, Irish house prices had to fall by about half, clearly. Or if you look at the ratio between house prices to incomes ... the dominator incomes, I mean if we had good times, per capita incomes in real times might increase by 3% and 4% a year. So there was no way you were going to get that ratio down to four, five, six without a massive crash in property prices, so it was inevitable. And in fact the Government itself, by its action in calling for the Bacon reports, as early as 1999, was clearly concerned about what happened. But, subsequently, post I think the budget in 2002, tweaked things a little bit, after that house prices really took off.

And, in light of the impact of asset values on the balance sheets of the banks, and you say that you foresaw there would be a crash in asset values, then around the time of the bank guarantee, in the autumn of 2008, you must have in ... as a logical extension, did you foresee the impact on the balance sheets of the banks and the capital base of guaranteeing all the liabilities of the banks for example?

Mr. Tom O'Connell

Well, I wasn't brought into the loop, in fact in the domestic standing group ... you know, kept going for a while at my level, say in the Department of Finance and the regulator and so on. But when the, when the Lehman's thing hit, and the shock to the credit markets really hit in September 2008, the whole thing was escalated to a higher level. You know, the Governor, the Financial Regulator and the secretary of the Department of Finance came into the picture then, because you know, taxpayers money was at stake. But ... I certainly wasn't in the loop on the guarantee at all, you know.

You asserted that asset values were dramatically over-priced.

Mr. Tom O'Connell

I would have thought so. Yes, yes.

So then, clearly you would have realised the impact on the balance sheets of the banks, of a collapse in asset values which you predicted, and by extension the impact that would have on their capital and when the State stepped into guarantee the banks then ... did you predict it?

Mr. Tom O'Connell

Yes. I mean, that sequence of events was certainly going to happen, but, I mean, I've been saying for years to people in the bank, that we had to rein in the banks. You saw the answer I got ... I think I said it there ... even when the property lending was increasing at 65% year on year, that's 16 times what the ECB said the appropriate growth in money and credit should be. Yet, there was no response.

At that time, or even in the period preceding that, did you bring to the attention of anyone more senior than you, the direct link, as you saw it, between assets which were overvalued and the impact of the inevitable crash, as you saw it, that would have on the balance sheets of the banks and therefore would blow a huge hole in their capital base, which was going to result in the collapse of banks ... our taxpayers having to step in to recapitalise them? I mean-----

Mr. Tom O'Connell

Well-----

Did you bring that-----

Mr. Tom O'Connell

Well-----

Did you bring that link to anyone's attention?

Mr. Tom O'Connell

Well, that was the implication I thought I was saying, I think.

But did you spell it out?

Mr. Tom O'Connell

Maybe I didn't spell it out as much as possible, but ... and ... I mean, I certainly wasn't asked for my opinion around the time of the guarantee, but-----

Mr. Tom O'Connell

You know, I mean, obviously if ... if asset values collapsed, clearly that was going to impinge on the capital of the banks, yes. I mean, I don't think that needed to be spelled out.

You said that you wrote the editorial of the quarterly economic bulletin, is that correct?

Mr. Tom O'Connell

Normally, yes.

Is that the part at the very beginning of the quarterly economic bulletin, under "Comment"?

Mr. Tom O'Connell

Yes.

And would have written those editorials throughout 2007, for example?

Mr. Tom O'Connell

Probably, I would think, yes.

Okay. So can you just square for us what you had been saying all day today, and what you have said to me just now, with an extract for example, from the quarter 4 2007 economic bulletin, where you talk about property and prices, you said "Developments in residential output and property prices this year indicate a move towards a more sustainable position." There's no hint there of an imminent collapse. You said "Prices have eased somewhat and the supply of new houses is also adjusting to meet new market conditions." You refer to:

... the underlying demand for housing in the economy [remaining] strong reflecting continuing income and employment growth. In addition, the performance of the rest of the construction sector should help to ease the impact of the adjustment in the housing sector [etc, etc].

And there is a lot more like that. There's no sense from that-----

Mr. Tom O'Connell

Well-----

-----that the construction sector is about to collapse ... that there's going to be a collapse in asset values, which you say was inevitable, going back for six years prior to that, and you wrote this.

Mr. Tom O'Connell

Yes, well, actually, the views in the comment, at the end of the day, didn't ... don't reflect my views. In fact, I remember my predecessor used to say, he has his own personal views, but, I mean, at these fora, meeting the press and so on, you're given the bank view. Now, quarter 4, 2007 ... I would think that, as I said earlier, property prices peaked in February 2007, and you are, sort of, getting a gradual decrease at that point. So, it was probably a hope or expectation that that sort of gradual decline, if you like, would continue.

But, Mr. O'Connell, that's in marked contrast with the absolute certainty that you have described today as regards your views on asset values, the inevitably of a crash ... there's no sense whatsoever from reading that bulletin, and I haven't read the other bulletins, as to what you predicted. So you're saying that on the one hand, you could hardly have a coffee break without issuing a stark warning to someone more senior than you about what was going to happen, and yet, you wrote this.

Mr. Tom O'Connell

Well, that's what came out in the event. I've forgotten what I've said myself. But I probably ... the gist of what is there was probably originally written down by me, but ... no, I can only see ... well ... I mean, a central bank can't in any case, as I've said earlier, they can't ... you can't talk about a crash happening, because you'll have it in the morning. So, it was that comment I would suggest, as I say, probably reflected an extrapolation of what was happening since the previous February and the hope that that would continue. I mean, it was clear that with one in seven in the workforce working in the construction sector, that had to fall to one in 14, which was the average in Europe.

So there had to be some adjustment, and I can recollect some outside commentators, the OECD and so on, saying that, you know, you'd have to move a large part of the construction workforce into the other sectors of the economy or else you'd have big difficulties. So it was ... yes, that was probably an optimistic assessment of what the fallout would be, and, I mean, I wouldn't deny it that the timing of the Lehman's thing precipitated a big adjustment, but that is just what was going to come anyway.

Can I clear up two other matters very quickly? One is this inference that you make on page 2 of your witness statement that the need to consider the issues of rezoning more land to increase housing supply was blocked from reaching a higher level in the bank in light, in your view, of political and property interests of the bank's board. The political side I think we can understand to mean that people were directly appointed by politicians. But can you clarify, the property interests of the bank board; are you referring to the ownership of property by individuals on the board, just in general terms, if you can clarify that, what you mean by that?

Mr. Tom O'Connell

No, no, actually there was a director who was a leading light or chairman, I think, of a major property company on the board, and yes, but, I mean, from chit-chat to the other directors, quite a few of them, I think, would have had properties as well. But, I mean, I think the aversion to mentioning zoning, even though it was a terribly low-key reference which I had in the draft, you know, I think the aversion to carrying it through into the final document was because zoning was a controversial area. I mean, we had ... didn't we have the tribunal going on down below, you know, about the planning and so on? Was it the-----

But you referred to property interests and the implication being somebody had a direct vested interest in property?

Mr. Tom O'Connell

No, no, actually, no, what I meant was there were-----

That's not what you're saying, okay.

Mr. Tom O'Connell

No, no, but, I mean, I've no doubt they probably owned property, but no, what I was referring to was a person who was a very significant figure in the property world, if you like. But I'm not suggesting anything improper at all. But my seniors, I felt, didn't want to grapple with this, or even touch on this issue, because it gets into this controversial area of the Mahon tribunal and all sorts of carry-on.

Okay. And very finally, Chair, you refer, Mr. O'Connell, on page 4 of your witness statement that around 2002, 2003, a memo from the economics function in the bank sent to the then Governor essentially recommending that lending to the property sector needed to be reined in, and you refer to a memo coming back, and you said you have a copy of that memo where there's a note added that it's out of the question, it would have to go to the board, but that is out of the question. And I need direction from you, Chair. Can we ask Mr. O'Connell to provide such a memo?

Yes, we can.

Okay, can we get that for-----

Mr. Tom O'Connell

Sorry, I've been asked for it already, yes.

So thank you.

Okay. I'm just going to wrap up on just a number of items so. One was an issue touched on Deputy McGrath there, and it's the housing report that you published in 2003. There's a footnote, I think, where ... that specifically relates to yourself in terms of further information, if it's required. It would indicate at that time that there was still time to take action to cool down house prices. You referred earlier to the Bacon report, okay, the measures were in place, they were then removed, but the graph hadn't, and evidence earlier to this committee would show that the graph increased significantly 2003 onwards. But in 2003, there was still time. So can I ask you what action did you take, if any, regarding to the findings of this report, and if no actions were actually taken, and what I mean by specific actions is that you go in and you put a tight position on something, what actions, if any, were taken? And if they weren't, why not?

Mr. Tom O'Connell

Yes, well, I mean, that paper went up to highlight to people that our property prices here were very high. And, I mean, I felt it wasn't really for me to sort of suggest actions, you know, because the ... I put the issues forward to the board and the Governor and in fact, actions could or would be taken only by the regulator and the actions taken would be as highlighted by Patrick Honohan's report. You know, credit ceilings, or sectoral limits, moral suasion. I mean, some of these things may have been tried with ... by the regulator. But, in fact, I remember Con Horan saying to you folks here that in 2005 he suggested moving to take some actions, and he said to you that the CEO of the Financial Regulator took it up with the director general of the Central Bank, and to Con Horan's disquiet, that was put off until 2006.

Thank you for reminding us of Con Horan's action. I'd like to return to what action you may have taken, Mr. O'Connell?

Mr. Tom O'Connell

Yes. Well I ... I was on the bank side. I couldn't take any actions vis-à-vis the banks. It was up to the Governor.

Outline the number of us ... the number of them there, concentration levels and other matters of-----

Mr. Tom O'Connell

Oh yes, well, they could be done. But, I mean, the regulator was the person who dealt with the banks, the individual banks, you know.

But you would have put the report together so ... there wouldn't be any suggestion that that report didn't have recommendations and actions on it.

Mr. Tom O'Connell

Yes, and actually ... yes actually I think it might be of interest ... I think it might be of interest, Chairman, too, because one of my former colleagues who has a legal background said to me that - I think the question of the Governor's guidelines arose at some point and he ... my colleague, my former colleague, informed me that in actual fact the financial stability report constituted the Governor's guidelines because if the Governor had issued guidelines he was required, in accordance with section 33(d) of the 2003 Act, to put the guidelines in Iris Oifigiúil. So for example, in the crisis situation he would have had to say "We're raising the capital ratios for all the banks, or putting sectoral limits on them." And of course, in a crisis situation that would cause panic.

That's a long distance, Mr. O'Connell, from the question I asked you, which was a report that you published that had significant concerns in it and what actions that you might have considered to put in place or did you take any actions and if you didn't, why didn't you?

Mr. Tom O'Connell

Well I would have thought, if you go back to the memo that Deputy McGrath talked about, we actually had in there a recommendation that credit guidelines, or credit ceilings be put on the banks. That was not accepted. So, that was .. that's an example.

That was not accepted.

Mr. Tom O'Connell

Not accepted, no.

Okay, thank you, just two last ones so. In ... as a senior economist and in your opinion and given that the role of the Central Bank is to maintain financial stability and that is what your No. 1 duty of care as a member of the Central Bank would have actually been, at what point did a micro-prudential issues with banks become macro-prudential in terms of financial stability?

Mr. Tom O'Connell

At what point did the individual banks create problems for financial stability? At the point where, I suppose, their ... the loan deposit ratio began to get out of hand, and I mean, that was ... if the ... when the loan deposit ratio began to exceed 1, or go beyond that, that effectively meant the banks were overtrading and they were relying on wholesale funding at that point. So that should have been a warning indicator. But even more simple-----

When did it become an issue for the Central Bank?

Mr. Tom O'Connell

Pardon me?

When did that become an issue for the Central Bank?

Mr. Tom O'Connell

Well it became an issue, or it was an issue, in the financial stability reports year in, year out.

Mr. Tom O'Connell

When? I-----

There was a time that the banks', kind of, strong road changed into funded patterns, as you mentioned yourself, and this gave rise to becoming an issue for the Financial Regulator, and so forth. But when did it become an issue for the Central Bank? When was this on your radar that there was a very significant concern there that the macro-prudential system now was actually in danger of stability, or instability?

Mr. Tom O'Connell

It would have been in the early 2000s, and ... and probably even before that, or in fact when we sent our memo to the then Governor asking for credit limits to be put in, I mean, that was when we felt that there were major problems.

Okay. And just to finalise, you can add whatever you wish then by means of conclusion as well, Mr. O'Connell. You began your statement to the inquiry today with the remark that Ireland's banking and economic crash should never have been allowed to happen. So, without getting into specific personalities - we're maybe dealing now in an institutional level - do you think that it shouldn't have been allowed to happen at an institutional level, and can you maybe identify which institutions were predominantly to take responsibility for this? Is it the Central Bank, the Financial Regulator, the Government, the Department of Finance? Who is it?

Mr. Tom O'Connell

I think there are lots of parties at fault in ... the first line is clearly the commercial banks' boards and management. I mean Greenspan famously said he believed, with the light regulation, he believed that bank executives wouldn't run their banks into the ground. So the banks' boards and senior management were in the first line. The second line, which not many people have focused on, is the institutional shareholders who had their funds at stake, investment management funds and so on - life companies. They had large shareholdings in the banks. I mean, why did they not rein in the banks? And then behind that, you had the authorities - the Central Bank and the Financial Regulator. So, they all had their part to play. Now, unfortunately, with the principles-based regulation the authorities were sort of behind the curve on that, but the primary responsibility was clearly with the banks' boards and their senior management.

Thank you, Mr. O'Connell. Is there anything else you would like to add by means of final comment?

Mr. Tom O'Connell

No. Thank you very much, Chairman, and thank you for inviting me to the meeting. In fact, I asked to be called myself and maybe I would have been called anyway. I wish you well in your work, and come up with some lessons that we should hope to avoid any problem like this in the future.

Thank you very much and you have included those in your opening comments as well and they will be taken into consideration when we come to the conclusions process.

Mr. Tom O'Connell

Oh, yes. Thanks, Chairman.

So, with that said, I'd like to thank for Mr. O'Connell for his participation here and for his engagement with the inquiry. The witness is now excused and I propose that we adjourn the meeting until 9.30 a.m. tomorrow morning, Thursday, 11 June 2015. Is that agreed?

Mr. Tom O'Connell

Thanks, Chair.

The joint committee adjourned at 7.10 p.m. until 9.30 a.m. on Thursday, 11 June 2015.
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