Léim ar aghaidh chuig an bpríomhábhar
Gnáthamharc

JOINT COMMITTEE ON FINANCE AND THE PUBLIC SERVICE díospóireacht -
Thursday, 26 Feb 2009

Vol. 194 No. 3

Banking Sector: Discussion with Minister for Finance.

The purpose of this meeting is to discuss with the Minister for Finance the Credit Institutions (Financial Support) Act 2008, the Anglo Irish Bank Corporation Act 2009 and the recapitalisation of Allied Irish Bank and Bank of Ireland. I welcome the Minister, Deputy Brian Lenihan, and his officials.

Members are reminded of the parliamentary practice that they should not comment on, criticise or make charges against any person outside the Houses or an official, either by name or in such a way as to make him or her identifiable. I draw attention to the fact that while members of the committee have absolute privilege, this same privilege does not apply to witnesses appearing before the committee — unless he or she is a Minister. I ask the Minister to make his opening statement, following which Opposition spokespersons and other members may make their contributions.

I am pleased to discuss the Government's approach to the unfolding financial crisis and debate with Deputies and Senators the measures that may be needed in the coming months to shore up the financial system. I am aware that members of the committee are particularly familiar with the events of the past 18 months in terms of the difficulties in financial markets and the effects now being felt in the real economy, as well as the Government's efforts to stabilise the financial system. I intend to outline the key points of the Government's actions to date and its proposals for the future of the system. I will then address any questions members may care to ask.

The banking system is unique. Its proper functioning is critical to the smooth running of the economy; therefore, it must be protected by the Government. As an open economy, Ireland is particularly sensitive to the vagaries of international financial markets. Credit tightening on foot of fears that counter parties may be exposed to structured products based on US sub-prime mortgages expanded to concerns about broader categories of financial assets. In Ireland the slowdown in the property market has led to concerns about the financial institutions' exposure to land and development loans.

The financial crisis has demanded government intervention in most developed countries. Governments have guaranteed liabilities of banks and, in some cases, provided short-term liquidity facilities to ensure banks can access funds as required. Many governments have acted as investors of last resort in shoring up the capital position of banks. Recently, the focus of proposed interventions has shifted to the asset side of the balance sheet. Countries such as the United Kingdom and Austria have brought forward proposals to deal with impaired assets and the matter is the subject of much discussion at EU level. I emphasise to the committee that this is a global problem and that governments across the world have intervened repeatedly to ensure financial stability. We have sought advice and counsel from various qualified sources and have at all times sought to protect depositors in Irish banks, the Irish financial system and Irish taxpayers.

I will now set out for the committee the detail of the Government's approach to date. It is important to emphasise that each policy pursued by the Government was pursued following advice from and consultation with the Central Bank, the Financial Regulator, the National Treasury Management Agency and our legal and financial advisers. A substantial team has been in place since last September to advise on these matters.

The Government's approach to this unprecedented crisis in global financial markets has been structured and considered. It is based on two broad principles. First, it does not wish to let any systemically relevant financial institution fail. This involves protecting depositors and creditors. Second, any State involvement in the financial institutions must protect taxpayers' interests. We acted decisively on 30 September to guarantee until September 2010 the liabilities of relevant institutions in order to ensure banks could maintain their normal liquidity position in interbank lending and debt markets. The guarantee has ensured Irish banks can continue to do their business and that all of our people and businesses have been able to deposit with financial institutions in confidence. The Central Bank and the Government continue to monitor the liquidity position of all relevant institutions. If Opposition spokespersons wish to receive a briefing on the liquidity position, the Central Bank is always available to them. Extensive briefings have been given to Opposition parties at all stages of the financial crisis.

As part of the increased engagement with the banks following the announcement of the guarantee scheme and in view of increased market focus on the capital position of banks towards the end of 2008, a detailed assessment of the loan books and capital position of the Irish banks was undertaken. The Financial Regulator commissioned PricewaterhouseCoopers to report on the financial position of the six guaranteed institutions. The report contained an analysis of likely loan impairment rates in these institutions up to 2011 and the impact of various stress tests on capital levels. The report was supplemented by work undertaken for the Financial Regulator by Jones Lang LaSalle, a firm of independent valuers. Jones Lang LaSalle assessed a sample of the banks' property based loan portfolios and the value of the collateral underlying them. This information was used by PricewaterhouseCoopers to make a further assessment of the loan books of the covered institutions.

The information informed the Government's initial proposal to invest €2 billion in both Bank of Ireland and Allied Irish Bank. In view of the continuing turmoil in global financial markets, the Government initiated further intensive discussions with Allied Irish Bank and Bank of Ireland with a view to securing the position of these two banks. As the proposed €2 billion was at the time backed up by an undertaking to underwrite a rights issue with the sum of €1 billion, the total amount envisaged in the initial investment was €3 billion. A revised recapitalisation package in February proposed a figure of €3.5 billion for each bank and arrangements for the implementation of this package are under way. The State's investment will significantly strengthen the core tier 1 capital of these banks, bringing it to a level that exceeds regulatory limits. Existing reserves will be supplemented by ongoing profits and the banks are more than adequately equipped to deal with the expected losses. I also note, as I will explain, that the State's investment will generate a significant return.

I reiterate that the Government is also in discussions with other relevant institutions about their capital positions. The Government's initial recapitalisation proposals included Anglo Irish Bank. Anglo Irish Bank is a major financial institution, the viability of which is of systemic importance to Ireland. It has a balance sheet of some €100 billion, with a substantial deposit base which the State is determined to safeguard. As I mentioned, it was intended that the bank would be included in the Government's recapitalisation programme. However, issues relating to loans to directors at the bank continued to undermine confidence in and weaken the funding position of the bank, even after the Government's proposed recapitalisation was announced. Furthermore, information that came to light in the due diligence exercise undertaken as part of the planned recapitalisation required the Government to take the necessary action to take the bank into full State ownership.

The publication of the bank's annual accounts and the summary extracts from the PricewaterhouseCoopers report issued last Friday brings to an end a regrettable chapter in the bank's history. Anglo Irish Bank will continue to operate on a commercial basis and I look forward to receiving its business plan due shortly. Last week I noted that its chairman had indicated the need for the bank to evolve from its existing structure into a broader more diversified business bank and highlighted potential opportunities in serving sole traders, small and medium enterprises and larger businesses. I will explore these issues further with the board in the coming weeks.

The inappropriate and improper practices at Anglo Irish Bank, including loans to directors, certain transactions with Irish Life & Permanent and loans to finance the purchase of shares, are under investigation by a number of statutory authorities. These ongoing investigations may have a criminal dimension and caution should be exercised to ensure potential future actions are not prejudiced. Together with my Government colleagues, I have reiterated that unacceptable practices at Anglo Irish Bank should be dealt with appropriately in order that the bank can set about re-establishing itself as a reputable financial service provider.

The Government's actions have always been guided by the principle of protecting taxpayers. The Government's guarantee scheme includes a charge on the banks for this facility and ensures a significant return for taxpayers. There are significant fees of about €1 billion payable by banks on foot of the guarantee over a two year period. The Government's investment in Allied Irish Bank and Bank of Ireland will generate a significant return for the State and includes conditions and obligations, to which the banks have signed. Both banks will pay interest of 8% on the preference shares which will amount to about €560 million per annum. The preference shares also have warrants attached, giving the State an option to buy shares in five years time at a predetermined price, thus providing it with the potential for a significant return.

In addition, the Government's recapitalisation proposals included various measures on credit supply and requirements on banks in their dealings with customers. The banks reconfirmed their commitment to increase lending capacity to small and medium enterprises by 10% and to first-time buyers by 30% and to introduce a €100 million environmental improvement and clean energy innovation fund. If the extra mortgage capacity is not taken up, it can be used by small and medium enterprises. Implementation will be monitored by the Financial Regulator. A statutory code for mortgage arrears will ensure there will be no legal action on arrears until after six months and no court proceedings for repossession of a principal private residence until after 12 months of arrears appearing, where the customer continues to co-operate reasonably and honestly with the bank. A statutory code on lending to small business will see further protections for customers, annual reviews and a commitment by banks to work with business customers to solve problems. New initiatives will see the following: banks working with IDA, Enterprise Ireland and State agencies to secure credit for their suppliers; a clearing group to secure the flow of credit to viable propositions; a bank-funded independent review of credit availability; new seed capital funding; and a commitment to prompt payment of suppliers.

As I stated earlier this week in the Dáil, pay restraint is important not only in the context of the financial supports being provided by the taxpayer to the banking sector, but also in the overall context of the economy and the message it sends to ordinary workers who are suffering as a result of the current global crisis. Restrictions on remuneration were included under the guarantee scheme and the recapitalisation proposals. I have also written to the committee dealing with the remuneration, the Covered Institution Remuneration Oversight Committee, CIROC, recommending that an overall cap be introduced for executive pay in banks benefiting from State support. It is imperative that the pay regime in banks is organised in such a way that any rewards in the sector are structured to meet the long-term objectives of both the banking institutions and the overall health of the Irish financial system. I understand the committee will report on 5 March, which is next week.

I would like to address two policy areas where I am working to bring forward further proposals. These will no doubt be of interest to the committee. Work has begun on forging a new model to govern the conduct and behaviour of the financial sector both here and internationally. The bank guarantee scheme requirements and conditions are the first step in a new system of financial regulation and supervision. Alongside other reviews, both domestically and internationally, the joint board of the Central Bank and Irish Financial Services Regulatory Authority, IFSRA, have submitted to me a report on reform of the regulatory structures which I am considering. Ireland will play its part internationally and particularly at EU level in seeking to ensure that the redesign of the financial system, especially financial regulation, is consistent with the objectives that underlie a strong, stable and functioning national banking system.

The second point is on our commitment to bringing forward proposals if the need arises to secure the position of our financial system. In the context of the six-month review of the guarantee scheme to be completed by mid-April 2009, the Government will examine how the scheme could be revised, subject to European Commission approval and consistent with EU state aid requirements, to achieve a reduction in risk overall, including by supporting longer-term bond issuance by the covered institutions. The Government has also committed to reviewing proposals for dealing with certain risky assets and I have appointed Mr. Peter Bacon and the NTMA to report to me on the matter.

Financial markets are in uncharted territory, forcing the hands of Governments all over the world. None has yet succeeded in finding the cure for all problems but we have managed to ensure that banks are still liquid and people can go about their daily business. The Government is committed to meeting the challenges ahead. I thank the committee for its time. I appreciate that the committee wished for some additional time but it will appreciate that the president of the European Central Bank, Mr. Jean-Claude Trichet, is visiting Dublin today. This is an important visit and is not connected with our financial position but is a long-standing commitment. He is most welcome to Dublin. It is always important to stress the fundamental role of our membership of the euro and participation in the ECB as the ultimate guarantor of the stability of our financial system.

I will start where the Minister left off. I welcome the Minister and thank him for attending. I wish him well in meeting the challenges ahead, however I do not believe our party would serve the country's interests if we suspended our critical faculties, therefore the Minister will understand why we ask questions. Banking is in a unique position because it has always held an implicit taxpayers' guarantee. Over many years we have seen Governments intervene when banks are under any threat and that is an enormous privilege. That was terribly abused in recent years. There was failed oversight by the boards and the Central Bank, which failed to act on how banking was going and, most critically, failed regulation. What are the Minister's new proposals for regulatory reform and when will we see them? What is his view of the appointment of the Governor of the Central Bank, which has traditionally been an appointment from within the Department of Finance? Does he support a move to open competition for that position when the post will become vacant before the summer?

The Minister has written to the committee he has established seeking a cap on remuneration. Has that included the packages to people leaving? People are scandalised about the packages for the regulator and banking executives who have left. That is important. There is a general belief that there must be fresh blood and the Minister gave the impression that in his position of guarantor and moving to recapitalise, he would have a fairly significant role in the appointment of a new chief executive. Had he any role in the appointment of the chief executive of Bank of Ireland? Was he consulted? Is he satisfied that the appointment of an insider has given the signal that there is a fresh culture?

We all recognise that banks are the oil of the entire economic system and that is why we are turning head over heels and the Minister is probably devoting, as he has said, more than 12 hours of every day to banking. Does he anticipate an extension of this guarantee and, if so, in what form? The guarantee has 18 months left to run. Most of the longer-term money one would seek would be two years plus. Is he considering extending the guarantee to new issues? What has been the reaction to his proposed recapitalisation programme? Judging by the share values one would infer that the market view is that the recapitalisation will not work to produce an independent banking system and we are heading towards nationalisation. What is the Minister's assessment of the reaction to the recapitalisation? My party's worry is that after recapitalisation we will have banks still in a weakened position seeking to protect their independence by continuing to shrink their loan books and that the effort might fail to produce the flow of credit.

We are concerned about the issue of the loan book and its quality and disclosure. The Minister is privy to some information from the PricewaterhouseCoopers report and is doing due diligence in the context of recapitalisation. To what extent can we expect that to be shared with the taxpayer who is putting in the money? There are confidentiality issues but the world has not fallen due to the disclosure of the PricewaterhouseCoopers report on Anglo Irish Bank. Are we to expect that as part of any recapitalisation, the Minister will require the banks to come clean?

Our sovereign reputation as a borrower is the backstop to everything we are doing in the banking system. There are growing concerns about the fiscal position. Does the Minister still believe the Department of Finance's view, expressed in January, on where the economy is heading is robust? Does he still believe enough action has been done for 2009 in the €2 billion of measures? Does he accept that there is a growing view that to stabilise our reputation we will have to see detail of the five-year fiscal correction and a mini budget of some sort in 2009? Is it still his view that neither of those is necessary at this stage? The spreads on our borrowing levels would suggest that a different view to that of the Government is being taken outside.

There are many good questions there and it will take me a while to answer them, if that is acceptable to the Chairman. Deputy Bruton is right to highlight the fact that banks are in a privileged position because there has always been an implicit sovereign guarantee. That guarantee was honoured for AIB in the 1980s by an Irish Government in terms that were extraordinarily generous to that institution. I do not believe that created a context in which bankers in Ireland fully understood the nature of the implicit guarantee or the responsibilities it carried with it.

Deputy Bruton also referred to the question of failed oversight, and mentioned the Central Bank in this regard. The Central Bank, from 2004 on, warned of the dangers of excessive lending in the economy. One of the crucial issues that must be addressed in the reform of the regulatory system is whether more power should be given to the Central Bank to back up whatever moral argument it has with practical directives to the banking system. The views of the Central Bank on the amount of lending in the economy, while they can be expressed in an authoritative way, only have moral suasion under our present legislative arrangement. They do not have any imperative legal character. One of the first issues we must consider in reforming the regulatory system is to ensure that if the Central Bank is of the opinion that excessive lending is taking place, the regulatory and banking systems can be so instructed and quantitative limits can be placed on lending. That is a vital first step in the reform of the regulatory system. However, it is clear that a system that puts the banks outside the directive powers of the Central Bank with regard to the quantity of lending is not in order and is in need of repair from that point of view alone. It is an historical fact that the Central Bank warned some years ago about the dangers of excessive lending.

Did it seek curbs that it was not able to implement?

It does not have the legal power to impose curbs. That is my point.

Did it even argue for curbs?

By 2006 it had managed to persuade the regulator to take action on foot of its views expressed in 2004. The relationship between the regulator and the Central Bank on the question of the power of direction to restrict lending should be far more robust as far as the Central Bank is concerned. It should not be a question of the Central Bank's seeking to persuade persons not to advance moneys where there is an issue of excessive lending. The regulatory system is badly in need of reform in that respect, although we are clearly locking the stable door after the horse has bolted, or at least become extremely unruly. This is an essential first step in the reform of the regulatory system.

Deputy Bruton also asked about succession planning at the Central Bank. I want to pay tribute to John Hurley. Like everyone faced with this difficult climate, he has had to take his share of criticism, but I assure members that he has been a tremendous source of strength to me and to the Government. His participation in the work of the European Central Bank in Frankfurt is of vital importance to the national interest. He has agreed to stay beyond his term because of the extraordinary turbulence through which we are living. He cannot continue indefinitely in that role and clearly the question of succession planning, as Deputy Bruton rightly raised, is of vital importance.

I have an open mind on the appointment of a successor as Governor of the Central Bank. I agree with Deputy Bruton. I have formed the view and have advised the Taoiseach and the Government that the traditional practice whereby it is axiomatic that a senior public servant should be appointed Governor of the Central Bank will not be followed by me.

I propose to have a clear survey of the field and bring the most suitable candidate forward who will ensure the Central Bank performs its roles, both in Ireland and in the wider context of our membership of the eurozone at Frankfurt, in the best possible way. I have an open mind on that and I will be open to views from Fine Gael and the Labour Party as to candidates. I hope to draw up a suitable list for consideration by the Government. It must be an appointment by the Government because it is an appointment of fundamental national importance for which someone has to be accountable to the political system. I will certainly entertain suggestions from responsible quarters, including the Opposition parties, in connection with that appointment.

With regard to regulatory reform, as members are aware, the chief executive of the Financial Regulator has retired and an acting regulator is in position. At the time of the departure of the chief executive I requested that the board put a stay on the immediate appointment of a successor because the arrangements surrounding the appointment of a new chief executive and any statutory changes that may be required — although statutory changes should not delay the appointment — should be brought before Government so that there is a clear picture of where the ultimate responsibility for the regulatory system lies. The regulator, we have decided as a matter of statute, is the entire entity, so it includes the several hundred staff who work at this entity. The chief executive is not equivalent to the regulator, as the regulator is not a person, although in the popular mind the regulator became a person who was actually the chief executive. The proposals on the position of the regulator, which are imminent, will be brought by me to Government for a decision. There are several reviews under way, and I have outlined them in the House, but this is not a matter for further reviews but for decision by Government.

With regard to the question of a cap on remuneration, when we agreed the guarantee scheme in the Houses it was agreed that we had to take action. My offices listened carefully to the debates in September in both the Dáil and the Seanad and the subsequent debate on the guarantee scheme and took careful note of the various concerns expressed on all sides so they could seek to incorporate them as much as possible in the scheme. That is why we decided to begin work on the question of remuneration before it became an issue such as it has become in the United Kingdom and the United States. Incidentally, the much-quoted promise by President Obama to introduce a €500,000 cap cannot be implemented and is now a dead letter. It is important that this is understood. We are awaiting a report from Mr. Sullivan, but I have asked him to put a definitive cap on executive levels of remuneration in Irish banks. Why did I ask him to do that? It was not in response to popular clamour, because it is important that whatever pay scale is determined is appropriate for the financial institutions concerned. The current levels of remuneration for senior executives of Irish banks are way out of line with those in equivalent commercial institutions operating in the Irish marketplace. They are vastly in excess of the sums paid for comparable executive positions in Irish institutions that have to compete, sell goods, supply services and engage in other activities in the Irish market. Thus, it is appropriate that Mr. Sullivan, in finalising his deliberations on executive pay, examine that issue and ensure proper comparability of remuneration.

With regard to departure packages, it was mentioned that under the express terms of the guarantee scheme, in paragraph 49, "A covered institution shall not enter into any contractual arrangement that provides for termination compensation or equivalent to be payable to any director or executive for the duration of this scheme." Thus, there is a ban on such payments for the duration of the scheme.

Even if the terms of withdrawal were set before last September?

If there is a legal contract in place from before September we cannot vary it. We have not taken the power to vary legal contracts. As the Deputy knows, we took power to vary some types of contract yesterday evening, but not those. It is the position under the guarantee scheme that no new arrangements may be entered into.

The retirement package for the regulator has occasioned considerable public comment. However, we have had a very big debate on public sector pay in recent weeks and the package was that which a person at his equivalence obtains. This should be noted in the general context of the debate.

Deputy Bruton mentioned the need for fresh blood in the banks. It is very difficult for the Bank of Ireland or any such institution to recruit chief executives at present. There was a wide field. The Governor undertook to report to me the progress he had made on the matter and I spoke to him during the week. He indicated there was a field of candidates and that Mr. Richard Boucher was the best candidate available. I understand there was one well-qualified external candidate who, in the event, did not express interest in the position. This is hardly surprising when one considers that the remuneration is now subject to a Government committee and that the bank's position has been called into question in some circles. Under those conditions it is not as easy as formerly to recruit a chief executive. We must think our way through our position with regard to the current banking crisis. Mr. Boucher's appointment is a matter for the bank. I am not qualified to pick a chief executive of a bank but I am satisfied that Mr. Boucher is a person who has the confidence of the bank. He is an excellent person and I believe he will bring a fresh dynamic to the Bank of Ireland. I thank the bank for the co-operation it has extended to the Government at all stages of the financial crisis.

We can argue about who is or is not appropriate to be appointed as chief executive. Clearly, the bank took a view. It had a number of candidates, assessed them and came to a conclusion. I am satisfied the process was transparent and proper. The fundamental point is that a proper process was followed with regard to the recruitment of a new chief executive. As Deputy Bruton rightly said, it is important that Oppositions should ask questions and it is understandable that they do so. However, the idea that one might find a person to be chief executive of the Bank of Ireland on the salary scale proposed by the Deputy in the Private Members' motion yesterday might be unrealistic.

I was asked about the guarantee and a possible extension to it. Clearly, on 29 September the Taoiseach and I and the various persons advising us in Government had a very difficult decision to make. The guarantee was given in wide and unqualified terms. The Labour Party has always criticised the fact that some dated subordinated debt was included but we believed that no doubt should attach to any of Ireland's banks' obligations during the guarantee period. For that reason we did not guarantee undated subordinated debt. The guarantee will lapse on 29 September 2010. Obviously we need to consider a more limited extension of the guarantee beyond that date because without such the banks will develop a funding issue as the end date approaches. The Government is, therefore, considering whether longer term issues could be guaranteed under the guarantee scheme. We are in consultation with the European Commission in that regard and will bring it our proposals very soon. There is little long-term money in the markets at present but it is very important that we start working on this now because timescales can catch up very quickly. The State itself had a three-year issue today which was a success. The extension of the guarantee is under consideration.

Deputy Bruton asked about the market views on recapitalisation. The market view of the Irish banking system at present is very negative and shares are traded at very low levels on the markets. Professor Honahan made a very good point in respect of recapitalisation in a considered comment he wrote on the subject. He made the point that while the capitalisation plan might not achieve all that we would wish it was an essential step in safeguarding the position of the banking system. It would not be possible for the two larger banks in Ireland, whose shares are trading at such a low level, to enjoy any international confidence without a demonstrated capital investment commitment by the Government in the absence of private capital. For that reason alone, capitalisation was essential.

We will probably discuss the entire issue of capitalisation in greater detail later. My assessment is that it is essential to recapitalise the institutions. If we do not do so we send a signal to markets around the world that these banks will continue to trade at very low share prices and this will inevitably impact on their liquidity. The wider question is raised as to what the core issue is for Irish banking throughout this global crisis. The core issue has been the problem of liquidity, namely, the problem of accessing funds for a banking system abroad. Again, this is not unique to Ireland as a small country but is a problem shared with many other small countries. It is exacerbated in the case of Ireland because Irish banks borrowed extensively on world wholesale markets in recent years and those borrowings were used to finance lending in Ireland on a scale not hitherto witnessed.

It is worth noting, for example, going back to 1992, that the net external borrowings of the Irish banking sector were less than the external borrowings of the State. The position today is that the gross external borrowings of the State are at quite a modest level, approximately €50 billion. The net sum is even lower if one takes into account the pension reserve fund, €34 billion. The State has been a modest borrower in recent years but the banking sector has been an immodest external borrower. The banks are faced with the challenge of re-financing their external borrowings in much more difficult international circumstances. That core issue of liquidity is what I and the Government, the Central Bank and other authorities have had to grapple with since last summer. No matter whether it was a guarantee or recapitalisation, the "bad bank" or the "legacy bank", as Deputy Bruton chose to christen his version, the problem is the same. It is how to generate, in straitened world markets, sufficient confidence in the Irish banking system that funds can be obtained in world markets.

Deputy Bruton asked about the possible danger of the banks, because of a shrinking loan book, pursuing their own independence at the expense of the national economy. This is an important point. It is one I had very much regard for in the context of the recapitalisation discussions. I sought definite commitments on lending to small and medium-sized enterprise, lending for environmentally important projects and lending for home purchase. Obviously this is something we must watch all the time and that is why we set the coupon at 8%. I do not believe we would have obtained a much lower coupon sanction from the Commission. We set the coupon on the preference shares at 8%. As members will know, at an earlier stage the United Kingdom set the coupon at the much higher level of 12%, which amounted to a very substantial constraint on the capacity of the British banking system to lend.

One turns then to the question of the loan book, its quality and the degree of disclosure that can take place. There has been an amount of disclosure. Concerning Allied Irish Bank and Bank of Ireland, our due diligence is now under way or about to be so, and both banks will be subject to a wider investigation than was produced in the PricewaterhouseCoopers operation, although building on that. It is important to understand the nature of the work in which PricewaterhouseCoopers is engaged which occasioned a controversy in the House recently. PricewaterhouseCoopers was engaged by the Government to begin work before the date of the guarantee. It had taken a preliminary working look at Anglo Irish Bank in the weeks leading up to that date, perhaps a week or ten days beforehand. The work would not have been at a very advanced stage. Of necessity the work is a form of digging and then digging deeper. We could spend a very long time digging. The work that went on in October involved successive drafts that looked at different aspects of the operations of the six guaranteed institutions. It focused primarily on the development loan book and on the risk exposures contained therein. A formal summary was made to me in mid-November by the Governor of the Central Bank which outlined the findings at that stage in general terms. The advice I received from the Governor was that we could continue drilling until May or June of this year, but that we had to make decisions to safeguard the banking system. We had to go with the best information we could obtain at that time.

Side by side with the PricewaterhouseCoopers exercise we have commissioned an auctioneering assessment of the report. The report was contracted with the regulator. It is best described as a rolling process which has produced various documents. Between the time at which they were commissioned at the end of September 2008 and the end of November the firm carried out a report on each of the institutions. It produced a consolidated report and a summary overview and it carried out various stress scenarios.

Deputy Bruton raised the issue today of how public we can be in respect of the matters set out in the report. The various drafts written in the autumn are to some extent dated because time does not stand still. The stress scenarios were applied at the NTMA with Merrill Lynch, which it has engaged as advisers. The stress scenarios were imposed on the basic factual data established in the report. It is important to note that time does not stand still.

Let us consider the three major institutions. In the case of Bank of Ireland when the initial recapitalisation was agreed in December, Bank of Ireland immediately commissioned a report by Oliver Wyman, a firm of independent consultants. The purpose was to assess, in the light of PricewaterhouseCoopers report and in the light of the due diligence which it was aware the State was about to embark upon, what its exposures were and a more detailed analysis of its position. As I understand it, the substance of that report was then disclosed to the market by the Bank of Ireland on the day following the recent recapitalisation announcement. The bank was anxious to make a clean breast of it as soon as the recapitalisation was announced and outline where it saw its prospective losses. For that reason it produced that report on the day following the recent recapitalisation announcement two weeks ago. The State will supplement the work of that consultancy firm, which was retained by the Bank of Ireland, with its own due diligence in the weeks ahead prior to any actual investment by the State.

Allied Irish Bank is in a closed period. It did not produce an independent report to date, but it is making its return next Monday. On Monday, it will give a preliminary statement and publish its results but it will not hold the annual general meeting. As Deputies and Senators are aware, the bank issued a profit warning last week. We will build on the results and carry out an intensive due diligence into the position at Allied Irish Bank.

The position of Anglo Irish Bank has been documented in much public exchange. Essentially the PricewaterhouseCoopers exercise was published by me last Friday in edited form. Clearly, we could not identify the customers of the bank, but it gave a general sense of the property exposures of the bank and a general sense of how the PricewaterhouseCoopers exercise proceeded. The PricewaterhouseCoopers exercise in respect of Anglo Irish Bank was supplemented by our own due diligence operation in January. One good conclusion from that due diligence which heartened us was that our due diligence confirmed, by and large, the position of property exposures at Anglo Irish Bank. There was no substantial divergence between our due diligence and what the PricewaterhouseCoopers exercise had already established. However, in respect of the ethical exposures a somewhat different picture emerged, which has been very much in the public view in recent weeks.

Three issues arose in the course of our due diligence at Anglo Irish Bank. First, the question of the loans to Mr. FitzPatrick arose, which was already in the public domain, and in particular the detail and nature of the matter. The second issue which arose in our due diligence was the question of the arrangements put in place between Irish Life & Permanent and Anglo Irish Bank and the back-to-back arrangement in place on 30 September and in the days preceding. Third, the whole question of the Quinn stake in the Anglo Irish Bank arose, including the unwinding of the contracts for difference and the nature of the transactions which were put into operation.

There has been much talk in public debate concerning leaks and statements from sources within Anglo Irish Bank alleging various degrees of knowledge on the part of the regulator and the Department concerning these transactions. As members of the committee will be aware, I became concerned following an examination of the reports of the various banks about the amount of disclosed lending to directors that was taking place at Anglo Irish Bank. I requested from the regulator a report on that matter. Some days later Mr. FitzPatrick approached my Department following a meeting with his board at which I pointed out there would be a due diligence of the institution prior to recapitalisation. Essentially, he made a full disclosure of these matters to the Department. In respect of the Irish Life & Permanent transaction, it had been intended to bring this matter into the public domain at the time of publication of the Anglo Irish Bank report. When there was a premature disclosure of it, I asked to see the chairman and chief executive of Irish Life & Permanent and they accepted that there was no evidence available to them to suggest that there was any prior authorisation, sanction or appropriation of this transaction on the part of the regulator, the Central Bank or my Department. It is true to say that elements of the transaction rather than its character were notified to the regulator some weeks later and that there was no immediate response on the part of the regulator to it.

The general character of the problem with the Quinn transaction was in the public domain for some time. However, again there has been no suggestion that the details of the transaction were in some way sanctioned or approved by the relevant authorities. These matters are subject to extensive investigations and if members have further questions to put regarding the time lines for those investigations I am in a position to give that information.

I refer to the question dealing with disclosure. As the sole shareholder in Anglo Irish Bank I was in a position to disclose the subject in a discussion with the board. I was also in a position to disclose the PricewaterhouseCoopers report in respect of that institution. The position of disclosure in respect of Allied Irish Bank and Bank of Ireland has to some extent been superseded by events and it will be superseded by events in respect of the other institutions in due course. Clearly, it would require the consent of the relevant institution for me to disclose that information or due diligence information, because it was obtained on a confidential basis.

Deputy Bruton referred to the wider question of the sovereign position of Ireland as a borrower. This is a very important issue. However, it is an issue which is faced by Governments throughout the world at present, because there has been a significant extension in the amount of borrowings in which sovereign States are engaging. This is partly because of the vast numbers of bank recapitalisations, many of which are far more ambitious than anything we have undertaken. As Deputy Bruton remarked, the fiscal position is vital. It is fair to say that the Government has demonstrated a willingness to take whatever steps are necessary. This is clear from the adoption of the legislation which will be enacted this week. The recitals to the legislation clearly demonstrate a recognition of the grave position the State faces in fiscal matters. The Government will take whatever action is necessary to stabilise our fiscal position. Deputy Bruton referred to the five year fiscal correction plan submitted to the commission. One would want to be a cross between a prophet, soothsayer and clairvoyant to predict what will occur after 2011. I have tended to place emphasis on the importance of a sustainable two-year plan, this year and next year, for correcting our public finances. That involves fundamental decisions for the budgetary balance. In the budget introduced last autumn substantial reductions were made on the non-pay side of day-to-day expenditure. Their impact will continue to be felt in 2009 and 2010. For example, the savings from the bitterly contested adjustments in education and social welfare will continue on an ongoing basis this year and next. I have made it clear at all stages since the budget that if further corrective action is necessary, it will be taken. The Government was naturally anxious to persuade the social partners of the need for a social solidarity pact to work together in these difficult times. The correction required on the day-to-day expenditure side was on the pay roll side. The Government formulated the proposal in the most acceptable way possible, a contribution to the very extensive cost of a pension provided gratuitously by the sovereign from taxpayers' funds. That was the option put before and discussed with the social partners and there has been far too much attention on the idea that this emerged in the middle of the night. The Government had signalled for some time that it was interested in this approach. When we could not get agreement from the social partners, we decided we had to make and implement decisions. That is what we have done. We will continue to do this to ensure the public finances are corrected. It requires that we ensure each Department maintains strict control of its own expenditure this year. If there is any departure from this — there are social pressures in the welfare and health areas, for example, an increased demand for medical cards due to growing unemployment — we must devise appropriate responses to ensure all Departments live within their budget.

We must decide, well in advance of 2010, how we will reform and rationalise our tax system and the overall tax burden must increase. How we distribute that and ensure those who can afford to pay most do so must be structured carefully and in a way that will not do real damage to the economy. We live in an economy in which there is significant unemployment. We have seen the nature and scale of its growth in recent weeks. Income tax presents the only option to secure an immediate increase. Were we to have recourse to this in a year when Ireland is predicted to have a figure of between -4% and -5% and in which joblessness is increasing it might have further serious implications for the position. It is worth recalling that the budget provided a substantial stimulus package this year because of the net amount of external borrowing involved. If there was one year in which a stimulus package could be justified it is this because of the major contraction envisaged in the economy. The contraction next year is not envisaged on such a large scale. That is why we should be careful about rushing into immediate responses. I understand, in the light of the intensive public debate, why there are those who will advocate further drastic measures but public servants face an average reduction of 7% by virtue of the pension levy, although that is in gross terms and the figure net of tax is somewhat less, and the idea of imposing additional income tax increases would further increase the stress on those in public service employment.

We must weigh up the budgetary position but it is important to examine day-to-day expenditure. The work of the expenditure control board is well under way. We made a start with the budget last year. We have made a further and decisive addition in respect of the pension contribution voted on in the Dáil last night. We must examine the work of the expenditure control board in all Departments, identifying where real economies, efficiencies and savings can be produced, building a solid foundation for a further reduction in day-to-day expenditure next year.

We have a substantial capital budget this year. There was a marginal adjustment in the recent package announced but given the fall in contract and tendering prices, this can be accommodated having regard to the scale of the projects involved. We have tried to re-focus the capital programme on labour intensive areas to ensure the maximum multiplier effect on the economy. Next year we must reduce our dependence on borrowing for capital projects and reassess our capital budget. All the elements of policy are directed to ensuring there will be a real decrease between 2009 and 2010 in our dependence on borrowing. That is the vital signal that Ireland must send. Four, five and six year plans are fine but nobody in the global economy knows what will happen in that time. People will respect Ireland if it puts its house in order now. That is what we are doing. I appreciate Opposition parties must make legitimate criticisms and hold us to account. That is their function. As far as the Government is concerned, we will continue to make whatever decisions are necessary to stabilise the public finances and restore competitiveness to the economy.

I thank the Minister for his comprehensive replies to a comprehensive list of questions.

I welcome the Minister and his frank speaking. It is important to have the opportunity to engage with him in this forum. He talked about closing the stable door but in the case of Irish banks these discussions come after the casino door closed because, unfortunately, some of the banks and speculators treated Ireland as a casino. However, I am confident that the country can return to prosperity, I hope within two or three years. I differ from the Government in feeling that it is fundamentally important to understand how we got to this point. We will not get out of this mess unless we seek to establish what exactly happened and why things went so wrong and have a plan to look forward to recovery and rebuilding.

When he became Minister for Finance, was Deputy Lenihan briefed on the looming crisis which had been increasingly covered by all the media in the previous 18 months? Did departmental officials brief him on the crisis facing the banks in general? He has said the Governor of the Central Bank correctly said he had issued warnings but that these were feeble because the players in the banks had completely ignored them.

Did the Minister's predecessor, Deputy Cowen, now Taoiseach, brief him on the position in the banks when he took up office? The date 17 March 2008 has gone down in the annals as the St. Patrick's Day massacre when the share price of Anglo Irish Bank fell dramatically. It is widely believed that was the result of two events. First, there was the Quinn shareholding through contracts for difference and, second — this may be related to the first — it is understood that in that week there were significant outflows of cash from Anglo Irish Bank. I understand the regulator was heavily involved at that time. If he was involved, I would be surprised and would like to know if the Central Bank and the Department of Finance were also aware and concerned, if the then Minister for Finance was advised and if there was any strategy in place for what was an unfolding crisis in Anglo Irish Bank.

Again moving along chronologically, I understand in the case of Anglo Irish Bank that the PwC work commenced in the first or second week of September and that several meetings took place in regard to the bank. The critical question for the Minister is what was he told when he took up office and during July when he was informed that the positions in regard to the Quinn holdings had been unwound through a group of ten investors who were also prominent customers of the bank. I saw an article yesterday by Sam Smyth in which he spoke confidentially to one of the investors, which essentially suggested that the person was in significant debt to the bank and, therefore, that they were pretty much made, in Sicilian terms, an offer they could not refuse. What was the knowledge of the Department of Finance at the time as it must have been aware? Clearly, there was some relief at the time because the Quinn family indicated it was taking a 15% stake in the bank. That was mentioned as being a positive factor because such a prominent and successful Irish business family was becoming a key shareholder in the bank.

When it came to the decisions of 29 and 30 September, PwC had already begun its work. The regulator was heavily involved with Anglo Irish Bank at the time of the St. Patrick's Day massacre events and the regulator, the Central Bank and the Department of Finance continued to engage with the bank during the following months so that by July when the Minister was taking up office there was, perhaps, a sense of relief that some of the issues in the bank were being addressed.

Sorry to interrupt, but I wish to make one point. The Department never engaged with the bank.

Sorry, I am suggesting the Minister's interlocutors may have been the Central Bank and the regulator and that the Department, the Minister and his officials must have been kept abreast of these very important events. The issue, therefore, is when it came to the events of 29 and 30 September what was the Department's assessment and knowledge of the difficulties facing Anglo Irish Bank? Did the Minister know then about the various issues, in particular, the Quinn matters and the unwinding of the positions in respect of the 10% and, if so, given that the Department must have known about the capital outflows that had taken place in March and that subsequent outflows, which I think the Minister has suggested were taking place in the week leading up to the guarantee scheme, why did he decide to include——

We will suspend the sitting until after the vote in the Dáil.

I suggest we check if there are pairing arrangements.

A Member

I will check.

Why did the Minister believe, as he has said consistently, that Anglo Irish Bank was systemic? Anglo Irish Bank, in my view — this is where we differ — is an important bank and was the third largest in monetary value, but was in no way systemic. It was essentially a specialist bank——

The Deputy has asked a question. Perhaps the Minister can answer it for himself.

In his statement, the Minister said it was of systemic importance. Does the Minister agree it was a specialist bank which was financially significant in the Irish banking landscape but it was not systemic in the same way as Allied Irish Banks or Bank of Ireland, unless such was the interbank support that the banks gave each other that he viewed it so? Will he tell us what led him to that view?

May I ask the Minister a question I put to his officials on the day that Deputy Gilmore and I were briefed? We now know that Irish Life & Permanent was offering support via the so-called customer deposit. What is the position today in regard to Irish Nationwide given that it was the bank that offered the warehousing of the former chief executive's loans and the chairman's loans and had done so for seven or eight years? Again, this was a bank which had a close working relationship and in banking terms, given the scale of the loan, its managing director had to be concerned about the significance of the warehousing transactions going in and out of the balance sheet, yet that bank was included in the guarantee scheme. The Minister referred to the Labour Party referring to the issue of——

Sorry, Deputy, the IL&P-Anglo Irish Bank back to back transactions? The Deputy is talking about Anglo being involved in the guarantee scheme. Is that correct?

Yes. I am also asking about Irish Nationwide being included in the guarantee scheme. What is the current position in regard to that bank and in regard to Irish Life & Permanent?

In regard to Allied Irish Banks and Bank of Ireland, is the Minister confident that the capitalisation scheme is working and that it is adequate? The Minister will be aware that this morning Citibank indicated some negative sentiment towards those two Irish banks which are of systemic importance. Does the Minister consider that nationalisation of those banks is inevitable? Is the model of preference shares with the coupon rate sustainable at this point in time by those banks? Does he recognise that other countries which had opted for that model, in the case of banks which are under extensive pressure, are opting for the Swedish model of ordinary shares and is he reconsidering the position? The Minister also said that he is broadly——

We must suspend for the vote.

Sitting suspended at 10.50 a.m. and resumed at 11 a.m.

I wish advise members that the Minister will leave at noon, so he should be allowed some time to answer the questions.

He told me 12.15 p.m.

In the interests of fairness and equity, which Deputy Burton's party is always preaching about, maybe she will give some time to the other members who wish to ask questions.

Can I resume my questions, Chairman? I ask the Minister to expand again on the impaired assets. I am on the record as saying right from the beginning, including that night of the guarantee, that we do not want Ireland to face into a lost decade like Japan with zombie banks. I would like to hear the Minister's current thinking about quarantining the impaired assets and what he proposes to do.

I also wish to ask the Minister about the appointment of Mr. Peter Bacon to the National Treasury Management Agency. Mr. Bacon is the gentleman who produced a series of reports for the former Taoiseach, Deputy Bertie Ahern, and was an adviser to him in respect of the housing market. However, none of it seems to have worked. I cannot recall there being any lessening of speculation in the housing market or with housing developers in land speculation as a consequence of the Bacon reports. I am intrigued as to why the Minister would pick somebody so associated with the former Taoiseach as his adviser, as an appointee to the NTMA. Would the Minister ask Mr. Bacon to appear before this committee to have a look——

I think we can request him on that if necessary, if the Deputy makes such a proposal.

I want him to get on and do a bit of work. He is only advising us for a few weeks.

On at least three separate occasions he advised on housing and he is particularly associated with the former Taoiseach. There is no harm in that, if he is.

I do not think the former Taoiseach is before the committee today.

Can I ask my question now?

Deputy Bruton had seven minutes and Deputy Burton said she wanted equal time, but she is already on 13 minutes.

An article in this week's Business & Finance magazine indicates that a number of senior bankers had become players in development propositions. Because of their high salaries they were in a position to leverage borrowing — in some cases from their own banks, but in many cases apparently from other banks — so that they were taking part in some of the deals that became flavour of the month at the height of the boom. Has the Minister been briefed on that? Has he or his officials had a chance to examine the article in Business & Finance magazine? It is a very important additional development.

On Mr. Boucher's appointment, does the Minister expect him to take a pay cut? His current salary package is apparently €1 million.

This matter has already been raised by Deputy Bruton.

The pay has not been fixed yet.

I know that. I asked if the Minister expects that the newly appointed chief executive would, in effect, take a pay cut. I understand from RTE this morning that his current salary and compensation package is around €1 million.

RTE does not make the decisions on who gets what.

That is borne out by the information in the bank's accounts. I wish to ask the Minister about Irish Life & Permanent and the Central Bank. According to a story in last week's Sunday Tribune, which I believe to be well founded, Irish Life & Permanent felt there was a degree of knowledge by both the Central Bank and the regulator in respect of the arrangement for the banks supporting each other. The banks believed there was some encouragement, including from the Department of Finance, of the necessity for Irish banks to support each other. Can the Minister comment on that and how the position stands now?

I understand that Senator Feargal Quinn has two short questions and Deputy Chris Andrews has a short question as well, so I now call on Senator Quinn.

I understood that I was to be afforded the same facility as Deputy Bruton.

I am asking Senator Quinn to put his two short questions, followed by a short question from Deputy Andrews.

I want to deal with the issues in detail. However, it is difficult for me to deal with all the questions if I am subjected to serial questioning.

Does the Minister have time to take a couple of questions from me?

I would love to.

That is fine. I thank the Minister.

I will try to deal with each serially, if I might. First, Deputy Burton——

No, I have asked Senator Quinn to put his questions and the Minister can answer them afterwards.

I welcome the Minister. I am impressed at the way he handles his brief. He is on top of it. Any questions I have do not concern the past, but the future. The Minister said the United Kingdom and Austria have put forward proposals to deal with impaired assets. Is the Minister happy with the steps he is taking on impaired assets? It seems the Irish impaired assets are likely to be property; they are different from others. If we had a bad bank it is likely that we could sell them off at some point in the near future. Is this high on the Minister's agenda? Is that part of what he has asked others to do? It seems that we have decided not to move in the same area as the British are moving.

Any time I hear of governments trying to run companies, I have a sense of the danger of populism influencing a future Minister in regard to the banks he is getting involved in. The Minister talked about a statutory code for mortgage arrears with AIB and Bank of Ireland. He said there will be no legal action on arrears until after six months. That is very popular and the Minister is right to protect citizens, but can we do that if the bank is also hoping to make a profit? Can we also have a statutory code on lending that will seek further protection for customers and a commitment by banks to work with business customers? The Minister also stated that the banks will work with IDA, Enterprise Ireland and State agencies to secure credit for their suppliers. These are all very worthy, but he states that at the same time he hopes to make a return on the State's investment. The State has a heavy investment in these banks and we want to see a satisfactory return. The Government's investment in AIB and Bank of Ireland will generate a significant return for the State, and the Minister twice referred to a significant return. My concern is that when the Government has a vested interest in making a return for its customers who are its taxpayers and at the same time is trying to respond to populism which is quite understandable, will State involvement in the banks be able to wear both of those hats? Lastly, does the Minister support the suggestion that the Regulator report to a European regulator?

Obviously, there has been much talk of a cap being introduced for executive pay. Are there proposals or discussions on such a cap on executive pay at a European level? Is it wise or prudent to look at Ireland acting in isolation from other European countries given the interaction with European banks?

Deputy Burton raised a list of questions and I want to spend some time dealing with them. I welcome the fact that she is confident that this country can be brought to prosperity. It is important that everyone understands that, and that our economic problems began in the construction sector and the domestic housing market in late 2006 but did not end there. They have been compounded by the global financial crisis and by the euro-sterling differential. Those are the three key elements in the current economic crisis.

On the points raised, first, I am advised by my Department on the matter of 17 March last. Deputy Burton appreciates I was not the Minister at the time. The reason for the fall in Anglo Irish Bank's share price which took place in March 2008 was that Halifax Bank of Scotland, HBOS, in the United Kingdom was under very significant pressure on account of its reliance on wholesale funding and specialisation in property lending. Investors read across into Anglo Irish Bank as a result of the decline of the HBOS share price in the United Kingdom and sold their shares on account of the monoline status of Anglo Irish Bank and its reliance on wholesale markets. The Bear Stearns position was very volatile as well internationally at the time. That was the cause of that difficulty.

I asked if there was a significant cash outflow from the bank at that time.

I am glad Deputy Burton reminded me of that. I am advised that the Department was not advised of that at the time.

Was not advised or there was not?

The Department was not advised at that stage that there was.

Therefore, the Department did not know that the bank had encountered a serious cash outflow.

We can check it out and provide Deputy Burton with the information, but the Department was not aware of it at the time.

I was coming to that because Deputy Burton asked about the significant outflows of cash at Anglo Irish Bank. I take it she is asking were there significant outflows in the wake of the stock exchange movements of 17 March last. As I have advised her, the Department has advised me it was not aware of such significant outflows at the time.

She then asked me about the position when I took up office. The Taoiseach, the former Minister, identified a long range of matters in the Department of Finance that required attention and he simply stated that my officials would brief me on the position on the banks and that Mr. Quinn had entered into an unsustainable position at the Anglo Irish Bank.

I would have had very detailed briefings from my officials throughout the month of May on the general economic position of the country, on the state of the finances and the projections on expenditure and revenue. I would also have been briefed on the position of all of the Irish banks, specifically on the six banks whose only home is Ireland, as I am fond of saying — the six domestic banks would have been very much on that list — and the different stresses and strains in all of these institutions.

It is the practice in the Department in general that the chief executives of the two main banks brief the Minister at fairly regular intervals, not about the details of their banking business but about their assessment of the state of the economy generally. Those two banks with their extensive branch networks are in a good position to assess the state of the national economy and to see the trends and directions in it. I do not know what the practice was before my time. I suspect there have been more meetings during my tenure than there were during the tenure of some of my predecessors, but that is the general practice of the Department.

When an issue arises in a specific bank it is common for the Minister to meet the chairman and liaison at chief executive level tends to take place at official level within the Department. There is a far more intensive interaction between the Central Bank and the regulator and the financial institution, but I am merely outlining the general practice, as I see it, within the Department.

On the specific question which Deputy Burton asked about the Quinn shareholding, I was briefed on all of the Irish institutions and their stresses and difficulties, and certainly it was explained to me that the Quinn shareholding was a significant risk factor at Anglo Irish Bank because Mr. Quinn had concluded a contract for difference for the acquisition of a sizeable stake in the bank.

One other matter of concern at Anglo Irish Bank was identified for me at that stage, which was, that Mr. Quinn had used moneys from an insurance company which were within his procurement and control to fund in some way the acquisition of this stake. That was a matter which to my mind at that stage as Minister for Finance was almost as if not more serious in the sense of what it betokened. However, I was assured that matter had been resolved whereas the question of the contract for difference and the exposure on foot of that was still there, and that would put pressure on the share price and could cause instability in the bank. That was my initial briefing on that issue when I took up office.

After my officials briefed me I would have been briefed by the Governor of the Central Bank and by the chairman of the regulator. They also would have discussed all of the institutions in general terms. I do not have a specific recollection of them mentioning the Quinn stake, but they may well have.

Were they concerned about Anglo Irish Bank? Did they say to the Minister that they were very worried about this bank?

At that stage the concern expressed at Anglo Irish Bank was in the context of the Quinn decision to acquire a stake in the bank on the basis of a contract for difference, and also the transaction involving the insurance company. The transaction involving the insurance company was seen as something which cast a reputational slur on the financial institution and the transaction involving the contract for difference stake was seen as carrying the danger of undermining the share price of the bank.

It is worth noting at this stage that questions of liquidity were not to the fore or were not of huge concern. The Department had been concerned in a general way about liquidities from the onset of the credit crunch the previous year, but there was no specific concern expressed about liquidity at one particular institution as against another.

When one looks at a bank balance sheet, when one looks at the way the financial crisis has evolved, the first warning sign is the share price. The liquidity issue tends to follow the share price rather than to precede it.

At that stage there was not any specific concern expressed about liquidity issues at Anglo Irish Bank. However, there was a concern expressed about the general frailty of the Irish banking system in world money markets and their difficulties in accessing funds. In that context the fact that Anglo Irish Bank was very dependent on the wholesale markets was a factor that would have been outlined to me, not as a particular risk factor but as a general issue.

That was the nature of the briefing I would have received at that stage on taking up office in May. As the Deputies and Senators will recall, that was the May of the Lisbon treaty referendum and I was dividing my time between campaigning on the referendum and being briefed extensively on the finances of the State.

I recall later in July being verbally briefed by my officials that the position on the Quinn stake had been resolved and that the position had been unwound. The discussion was of a general character but would have been along the lines that a group of investors had participated and assisted Quinn in unwinding his position but that he himself had taken a significant position.

That was where the matter rested in late July. In the context of the Quinn position, I cannot state it was a significant issue in respect of any decision the Government made thereafter with regard to Anglo Irish Bank. As far as my Department and I, as Minister with responsibility in the area, were concerned, the matter had been resolved in late July. The position had been unwound. Some of this information was in the public domain at the time. I recall Mr. Quinn stating he had resolved the matter, that he had lost some money and that with his family he was taking a stake in the bank. That is where the matter rested and no great comment was made in the media about it at the time. That was the position in respect of the Quinn stake.

Deputy Burton inquired about Anglo Irish Bank. At that stage I had not met either the chairman or the chief executive of the bank. As stated, the common practice in the Department would be that the Minister would have regular meetings with the chief executives of the two main banks. However, at the time in question I had not met the chairman, the chief executive or any officials of Anglo Irish Bank. That remained the position until 30 September, with the exception of one occasion on which the chairman of the bank asked to meet me at some stage in the course of September. At that point he outlined to the Secretary General of the Department and me a plan he had to amalgamate or consolidate Anglo Irish Bank with the Irish Nationwide Building Society. He inquired whether the State would be interested in supporting such a move. We indicated that we did not see it as a realistic proposal because the entire banking system was coming under considerable stress at that stage.

Did he call on the Minister at the Department to discuss that idea?

Yes. He made an appointment to meet the Secretary General and me. That was the first occasion on which I met him. I understand he did not think highly of the approach we adopted at the meeting.

Did he offer the Minister free shares?

Please, Deputy. He explained that he felt the position of the banking sector would be stabilised if the Irish Nationwide Building Society and Anglo Irish Bank formed some type of union and indicated that this would require State support. We stated all of the institutions were under considerable stress and that we were anxious to support and stabilise all of them. That was the outcome of the conversation.

That was my only meeting with the chairman or any official of Anglo Irish Bank before the end of September. I may have met one of the directors but would not have been aware whether such an individual was, in fact, a director. I indicate the position in that regard as a matter of certainty because at that stage I would not have known the identities of the members of the board.

May I ask a question about the proposal to which the Minister refers?

The Minister to continue without interruption.

It was not a significant proposal. He was clearly——

It was just a chat.

The proposal was canvassed in media comment at the time and a number of newspaper articles were written about it. However, it was not progressed or taken up at official level.

I am dealing with the position prior to 29 and 30 September. Deputy Burton asked a question about an extremely important matter that has arisen continually. I refer to the issue of the systemic character of Anglo Irish Bank. The Deputy has begun to approach the light this morning because she has stated the two main banks were more systemic than Anglo Irish Bank. That is absolutely correct in the sense that they have extensive retail branch networks throughout the State. Anglo Irish Bank has a much tighter branch network. One of the advantages and positive features of the bank is that it has a low cost base in the context of its branch and banking operation. That is one of the reasons it was a profitable institution in the past. I use the word "systemic" in the sense of the impact the failure of a bank would have on the economy rather than in the context of the extent of the bank's branch network. If members consider the funds and the depositors involved, the total amount in deposits from retail and corporate clients in Ireland in Anglo Irish Bank was €11.56 billion. The figure for retail deposits was €5.2 billion and for corporate deposits, €6.3 billion. If the Government were to allow a bank of that size fail, the immediate impact on the economy of one eighteenth of our GDP crashing would be extremely serious. The depositors would include Irish enterprises, co-operatives, credit unions, hospitals and schools. Anyone who had made a deposit in Anglo Irish Bank would have faced immediate default if it had collapsed. Naturally, that was a matter of concern to the Government.

With regard to the United Kingdom, the total amount of deposits taken by Anglo Irish Bank is €14 billion — higher retail profile, €10 billion, with €3.9 billion on the corporate side. A default on those deposits could well have provoked retaliatory action in the United Kingdom. Apart from this — the instinctive response of any Irishman — there would have been the issue of the reputational damage to the Irish banking sector of a default in terms of the borrowing other banks might wish to undertake in the United Kingdom. A default amounting to €14 billion and originating in Ireland would have acted as a substantial contagion in the entire financial system here. There are other destinations in which Anglo Irish Bank owed a further €11 billion.

I am discussing retail and corporate deposits. I have not entered the area of debt at inter-bank level. The latter would primarily be international in nature. A default on such debt, as happened in the case of Lehman Brothers, would have had an extremely drastic impact on the reputation of the other Irish financial institutions and the contagion effect would have come into play. The general impact of a default on the part of Anglo Irish Bank on Ireland's sovereign position would also have been substantial. That is why the bank is of systemic importance.

I asked why the guarantee was created around Anglo Irish Bank. The latter may have needed State support such as in the form of nationalisation. Why was the option to nationalise not considered, particularly as the bank's position was extremely serious at that stage?

We did do so. I am glad the discussion is coming into focus. There has been too much emphasis on the subject matter one can see on many placards on display throughout the city today, namely, bankers and developers. This bank was protected because of its systemic importance to the economy and the banking system. We were then obliged to make a decision as to the nature of the protection that would be extended. I stated within a few days of the decision of 30 September — therefore, it is not, as has been suggested in some quarters, as if there is something new or conspiratorial about this — that the choice facing the Government was very clear. Either we nationalised Anglo Irish Bank which was already under examination and guaranteed the remaining institutions or we guaranteed all of them. That was the real decision that had to be taken and it was not an easy decision to take.

In a larger country nationalisation is a far easier course of action to take in respect of a stressed financial institution. In the United Kingdom, for example, when Northern Rock was nationalised, the world knew the Bank of England stood behind it. The Central Bank and Financial Services Authority of Ireland is not a currency-issuing institution. The entity to which we turn to protect our financial institutions is the European Central Bank. In that context, the wave of stress which swept across Europe's banking system in the wake of the collapse of Lehman Brothers hit Ireland first. That is understandable because Ireland is the part of the eurozone that is directly adjacent to the sterling and dollar areas. Our institutions came under incredible pressure at the time.

We consulted the European Central Bank and I was contacted by Mr. Trichet that weekend. The strong advice we received from the European Central Bank was that we should save our banks at all costs and we did so. However, the core issue related to the fact that if, given its large size, we nationalised Anglo Irish Bank, there would be no guarantee as to whether this would lead to a systemic collapse of all of the financial institutions. Our option was to guarantee them all or to nationalise Anglo Irish Bank and guarantee the remainder. If we had nationalised Anglo Irish Bank, this would have meant that the guarantee would have been more open-ended in respect of it than would have been the case with the other financial institutions.

We have guaranteed all of the financial institutions until 30 September 2010. However, when one decides to nationalise a financial institution, the State is obliged to stand behind it in an unequivocal and indefinite way. One of the difficulties we faced in September related to the number of Irish depositors who were of the view that they should place their money in Northern Rock because it had been guaranteed by Her Majesty. The options facing an Irish Government in circumstances such as those to which I refer are extremely difficult. We weighed up the arguments for and against nationalising Anglo Irish Bank and guaranteeing the remainder of the financial institutions or guaranteeing all six. We weighed up these options. The request for the guarantee came from the chief executives and chairmen of the two principal banks. I had no contact from Anglo Irish Bank prior to this decision but obviously I weighed up these matters with great care. We looked at the arguments on both sides but the balance of the argument favoured the conclusion that we should guarantee the five institutions. It should be remembered that the liquidity problems at that stage, which were severe in the case of Anglo, were serious for the other institutions as well so there was no assurance that nationalisation would lead to the kind of inflow of funds we needed in our banking system at that stage. Having weighed up the arguments, the unanimous view of the Central Bank and the regulator and the advice I received from my officials, with my own conclusion, the conclusion reached by the Government was that we should guarantee the institutions. This is the history of how the decision was arrived at on that night in September. It is important always when considering that decision to remember the core issue at all stages has been sustaining the liquidity of the Irish banking system and the touchstone of decision-making is what one can do to sustain and secure that system at all stages.

The Deputy referred to Anglo Irish Bank being included in the guarantee scheme. I presume the suggestion is that the alternative would be to nationalise Anglo Irish Bank . Were we to have done that, we would have guaranteed it in a far more fundamental sense as we have now because the State is now the exclusive shareholder of the bank. Had we nationalised Anglo Irish Bank on 30 September, if we had convened the Oireachtas to nationalise it simultaneous with guaranteeing the other banks, the signal might well have been first, that the entire system was under severe stress and other institutions could have come under stress thereby but also had we nationalised Anglo Irish Bank on that date, Anglo Irish Bank as we know now from the accounts that have been published, apart from this deposit that it routed through Irish Life, would have had little or no cash and the taxpayer would have immediately had to inject a substantial amount of cash into the institution to keep it going. There were strong arguments for the guarantee at that stage. As against that and while funds were attracted into the system through the operation of the guarantee, it also gave us time for our European colleagues to appreciate the scale and gravity of the crisis for them and this they did. There have been responses both in the European Central Bank and in the Commission which have made it easier for states to sustain banks since. It should be remembered that on 30 September, there was no coherent European policy in existence on banking or bank failure on the night of 29 September and this is a very important point which must be taken into account when passing judgment on what the Government and the Oireachtas did on that occasion.

We were faced with a banks failure in a small state and we had to devise a line of policy to address that. There was an incipient awareness in Europe that bank failures were imminent. It had happened in the United Kingdom but it had not happened to any great extent in the other European states, although the weekend before the guarantee, it was clear that Fortis, which was based in the Kingdom of the Netherlands, the Grand Duchy of Luxembourg and Belgium, was in some difficulties. The Government had to make a decision on its own. Since the guarantee was given, other European banking systems have come under severe stress and there is now a far more co-ordinated European approach on these matters, although the full elaboration of that approach is not yet completed.

With regard to Irish Nationwide being included in the guarantee scheme, the position of Irish Nationwide was that earlier in September, issues had arisen in the press about Irish Nationwide. The chief executive of Irish Nationwide had dealt with those issues. The position was that on the night of the guarantee, the Irish Nationwide Building Society was——

What were the issues?

It was well funded; there was not any issue about Irish Nationwide on the night of the guarantee.

The Minister said there were issues with Irish Nationwide.

Issues had arisen in public comment about Irish Nationwide earlier in September and Reuters had reported that Irish Nationwide was in distress but Irish Nationwide had contradicted this report. It therefore had been in the news in September and as a result of the Reuters report there was an understandable concern about deposits at Irish Nationwide. On the night on which the guarantee decision was taken, Irish Nationwide was well funded. It is a smaller institution, so whereas the larger institutions require a continuous flow of funds and a continuous re-financing of their funding base, the funding position at Irish Nationwide is far simpler because of the much smaller scale of the institution. The total loan book at Irish Nationwide is €11.8 billion so that is almost one tenth of Anglo or one fifteenth of the Bank of Ireland. It is therefore clear it is not engaged in the extensive re-financing operations that the major banks would be engaged in. A time of stress in September 2008 does not necessarily mean a stress for a smaller institution which may be well funded for that particular period.

In regard to the capitalisation scheme, Deputy Burton asked for my views on the capitalisation scheme and nationalisation and the views expressed in the markets. I have always made it clear that nationalisation of financial institutions has to be the last option for us. My reason is that each of the treasury departments in the local banks is an international fund-raising agency for the country. If we decide to amalgamate them all into the State, the risk of funding the Irish banking system then rests exclusively on the State and we are a small state. There has been reference to the Swedish example in the early 1990s and it is certainly a period of banking history that repays study. However, the position in the early 1990s was that the Swedish Government had a currency of its own which was massively devalued during the banking crisis; a central bank of its own from which it could issue paper freely and a relatively closed economy compared to Ireland. There are material differences between what happened in Sweden in the early 1990s and what is happening in Ireland now.

That said, there are several useful things that were done in the Swedish experience. The first step they took was the same as the step we took; they guaranteed all the institutions first and then a crisis emerged some months later at various institutions and they were nationalised. Deputy Burton referred to nationalisation but it should be remembered that when Sweden nationalised her banks, it was done by statutory nationalisation as we did with Anglo Irish Bank a few weeks ago. There is the alternative position which I think the Deputy also canvassed, where a majority stake is taken in a bank by the State but it is still left as a commercial entity where a majority of the ordinary shareholding is taken by the State. Even when a majority of the shareholding is taken by the State, that can have implications for the funding position of the institutions and so for that reason, when we constructed the capitalisation schemes for Bank of Ireland and Allied Irish Banks, we restricted the State's stake to 25%, which is below the takeover threshold, although we insisted on taking share warrants so that the taxpayer would not just be remunerated by the 8% coupon but would also be remunerated in the upswing through the exercise of the share warrants after a five year period.

Mr. Peter Bacon advised a previous Minister for the Environment, rather than a previous Taoiseach, on the housing market and we did not follow his advice in all respects. He is attached to the National Treasury Management Agency which has done a great deal of work on the issue of management of risk at the financial institutions from a banking perspective. We believed it was important to get an economic perspective on that as well. His appointment is time-limited and we want to make progress with some speed.

Will he produce a report like his previous Bacon reports?

I would not envisage reports. The banking crisis is so serious that we want a minimum of consultancies and reports; we want advice that leads to decisions as that is what is required. I do not mind if he calls it a report but I would envisage advice leading to decisions because Government will have to make decisions finally in this area.

Is his role to look at this issue of——

The Deputy can ask further questions afterwards. Other members are indicating and they should be allowed a chance to ask questions. I ask the Deputy to allow the Minister to answer the questions.

I will have departmental officials examine the Business & Finance article to see what is the position. There is no suggestion on the face of the article, I take it, that there was any breach of regulatory requirements. It simply refers to a practice that exists in Irish banks and again shows them to be a cosy fraternity where the giving of loans is concerned.

It is recognised internationally as being extremely dangerous for bank governance that key bank executives become players in deals.

I will have that matter examined by my officials.

The issue of Mr. Richie Boucher's pay will be determined, as I outlined already, by Mr. Sullivan's committee that deals with higher-level executive remuneration in all the banks. I drew attention to the fact that bank salaries are already considerably out of line with the pay norms that exist for chief executives in other leading Irish companies and they must be adjusted accordingly.

I wish to be clear about Irish Life & Permanent and the degree of knowledge on the part of the Central Bank. First, the Department of Finance did not approve any transactions between Irish Life & Permanent and Anglo Irish Bank. The transactions took place at the end of September last year, as we know. The meeting referred to in The Sunday Tribune article last Sunday did not take place until 22 January 2009. So the document referring to that meeting is a document subsequent to the emergence of this back-to-back arrangement. The meeting on that date dealt with certain financial proposals of Irish Life & Permanent with a topic of credit rating agencies. After this discussion Irish Life & Permanent representatives said they had a discussion with the Financial Regulator about the transaction involving Anglo Irish Bank and what they said was the context for that transaction, and how and when it had been accounted for. The official concerned had not been briefed on the discussion with the Financial Regulator in this matter and was not in a position to comment on that discussion. He gave no retrospective imprimatur whatsoever to the transactions.

In regard to the question of the knowledge of the Central Bank and the regulator, as I outlined in my opening address, when the issue of this loan emerged in the public domain — it had been intended to disclose it some days afterwards — I asked to meet the chairman and chief executive of Irish Life & Permanent. They made it clear to me that at no stage did the Central Bank, the Department or the regulator give prior knowledge, approbation or approval to that transaction. I believe I have dealt with the issues raised by Deputy Burton.

I agree with Senator Quinn on the danger that populism will come to rule the banks and the banks will not be run as proper commercial operations subject to proper commercial criteria. That is a very important question we must consider. It is why nationalisation of financial institutions must be a last resort. There will be significant State involvement in the banks for years to come. It is important that such involvement be transparent. It should rest on consistent rules and principles.

The Senator also expressed a concern about the question of a return to the taxpayer on the investment made in the institutions. I accept there are real difficulties in this regard. We have set the coupon at 8%. That is a very generous coupon by international standards although the Commission cleared it under the state aid rules. We took a stake under the share warrants because the taxpayer is entitled to take some upswing in an institution whose market capitalisation is far short of the amount of money the taxpayer is prepared to invest on a hazardous basis. Again that is a reasonable transaction when one considers that the two main banks are systemically involved in the country's economy and we need to make an act of faith on ourselves and believe they will recover and become better banks over time. If matters deteriorate further, this may need to be reconsidered in several months' time. We need to adapt policy to events. These are not circumstances in which we have the luxury of great choices. They are circumstances in which we need to make decisions and arrive at policy conclusions that are best for the day and on the day. That is the position Governments throughout the world have been in.

The Senator also asked about the statutory codes. They apply to all banks and not uniquely to Allied Irish Bank and Bank of Ireland. Regarding the mortgage arrears, Bank of Ireland and Allied Irish Bank as a commitment given on the recapitalisation have agreed a relatively generous arrangement, but they have always been relatively generous with mortgage arrears. There were difficulties with one or two institutions, which were engaging in unacceptable practices. That is why we have placed the code on a statutory basis. While a voluntary code was operated by the Irish Banking Federation, a few institutions were not subscribing to it. We have now universalised the good practice by making it statutory.

I agree with the Senator's point about governments running companies. This is the big difficulty and is illustrated by the comments made by Fine Gael and Labour about the appointment of the Bank of Ireland chief executive. That must be a commercial decision arrived at by the institution itself. If the suspicion develops that politicians are directly appointing the various executives it will not reflect well on our banking system.

The question of whether some uniquely Irish solution can be found to the issue of the impaired assets is very useful and I will have it examined. It is something that has been on my mind and is one of the reasons I asked Dr. Bacon to help out at the National Treasury Management Agency. By and large Irish impaired assets are related to property. If there was a way to sequester them or put them into a separate place it might be possible to create a property company that would not operate as a bank and which could be capitalised and attract investment in due course on that basis.

We need to be clear that there is a cost to the taxpayer in engaging in risk management and risk insurance. There is no point in pretending otherwise. It could be a much bigger cost than a guarantee or a recapitalisation. On foot of the guarantee the State received payment. I accept there is some risk to the sovereign debt rating but I am satisfied that the amount we will receive from the banks is in excess of the deterioration in the sovereign debt position caused by the guarantee to the banks. In the case of capitalisation on the other hand, we negotiated a return. While I agree there is an investment of taxpayers' money, there is a return to the State on foot of that investment. The shares are placed in the pension fund. They are a long-term investment for the benefit of the State.

However, regardless of which form of risk management is adopted, it would result in a substantial exposure to the taxpayer. By following the bad bank model or the property bank model that is quoted by many, there is a substantial upfront cost in acquiring the assets. Someone needs to buy the assets. A bond or finance needs to be provided to do that. That is a very substantial upfront cost for the State. I often read commentators stating that the toxic or bad bank is like a municipal lorry that is collecting waste and that somehow one can casually toss one's bad debt into this particular bin and it will be harmlessly churned out of existence. The reality is that a substantial upfront payment is required to purchase the bad loans or the property at a discount from the relevant financial institution in order to bring this entity into operation.

The alternative is the risk insurance issue that is being canvassed in the United Kingdom. However, that involves paying an upfront premium to the State. While it would postpone the liability, it is a contingent and indefinite liability in the future. To that extent it could be a time bomb for the taxpayer in the future were we to go down that road.

One of the key issues we need to reflect upon — it is a reflection we will be having in the next few weeks — about the risk issues is that there is a distinction, which I am glad has now surfaced in debate, between the Irish banking system and some of the other impaired banks in that the Irish banks are not exposed to substantial exposure on commercial paper. That puts them at a different province from any institutions around the world. The bulk of the exposure is in the property side. Property always has some residual value, although it must be said that some of the properties in respect of which moneys were advanced have only agricultural value at this stage. I believe I have addressed most of the Senator's questions.

Deputy Andrews asked me about remunerations. There are some European initiatives in regard to remuneration. However, at this stage matters rest very much in our own hands.

We have a further 11 minutes in which members can ask questions or make statements. I will call Deputy O'Donnell followed by Deputies Barrett and Fahey.

It is extremely important that we have a sound banking sector. That is critical. I wish the Minister well in his endeavours because it is important for "Ireland Inc.". The Minister mentioned the due diligence he will carry out in regard to AIB and Bank of Ireland. The Minister indicated that it is due to commence. When will it actually commence and how long will it take? Who is conducting the due diligence on behalf of the State?

I note the requirements of the recapitalisation scheme regarding lending to small business and for mortgages. I am worried that the Minister talks about capacity rather than physical amounts. How can he ensure those moneys will go to small business and for mortgages? The guarantee scheme certainly has not worked in that regard. The banks have looked after their own balance sheets in terms of reducing their loan books. Will the Minister put in place a Government guaranteed loan overdraft scheme for small business? We are discussing the banks today but the purpose of the recapitalisation, from my perspective, is to achieve liquidity not only for the banks but also for small business and mortgage holders, which has a knock-on effect in terms of jobs and so forth.

Will the Minister update us on how he views the situation of the other covered institutions, in terms of their liquidity and where he envisages possible recapitalisation in the future for the individual banks? The Minister mentioned there was a Government bond issue in recent days. How much was that for and what rate was paid for it? Finally, I understand the economic plan is currently with the EU. When does the Minister expect the EU to give its view on it? When will he present it to the Dáil?

My questions relate to future possible changes in regulations. The role of internal auditors is very important. In future, internal auditors should have direct access to the financial regulators without having to go through top management. Rather than having to become a whistleblower by the back door, they should have a say in being able to identify something improper going on in a bank.

Has there been any serious move towards having a European approach to dealing with this issue? As the Minister correctly said, we do not have the luxury of being able to print our own money because we are part of the euro zone. It therefore makes sense and is vital that in situations such as this, there be a European approach to dealing with the problem. We have signed up to the euro so we are, as it were, like a state within the United States of America in terms of our monetary situation. We cannot, therefore, solve this problem by ourselves because the tools available to us are quite limited. Is any serious effort being made at government level to adopt a more European approach to this?

Irish Life was once a leading life assurance company. We have gotten into a habit in this country whereby everybody wants to do what others do. Why are we allowing insurance companies to become banks? The concept of a mutual building society was that we all helped each other by investing and then getting a loan. Now, mutual building societies want to be banks. Are we getting to the stage where we must stop and examine all this and, perhaps, go back a few steps? Investment banks are getting retail banks into serious trouble. Restrictions must be imposed on financial institutions as to the activities or areas in which they should be allowed to participate. What expertise was there in Irish Life, for argument's sake, with regard to banking? It had actuarial life assurance expertise, which has nothing to do with banking. The Irish Permanent Building Society was a mutual building society at one time. It gave loans to people. Then we asked banks to get involved in mortgages. The whole area has become a crossover of responsibilities. Now we are asking retail banks not to repossess homes because they got into the mortgage business. We are getting into dangerous territory here. When considering future regulations I believe these areas must be visited and steps must be taken to control activities.

I compliment the Minister on his competent performance since his appointment. He has shown a steady hand, as have his officials, in the face of a very serious challenge over the last few months. His approach of being cautious in making decisions, by taking his time and looking at what has happened elsewhere, will be most beneficial to this State and its economic future.

With regard to the issue of international confidence, there are reasons to be believe that foreign hedge funds, mainly UK based hedge funds, are spreading false rumours about the state of the Irish economy, for example, by comparing it with Iceland, to try to force sovereign default, on which they have placed large bets. Will the Minister outline his concern about this activity and what can be done to deal with it?

Second, the committee has had discussions with the chief executives of Allied Irish Banks and Bank of Ireland and, indeed, with the new chief executive of Bank of Ireland. We discussed the credit crunch. One sees those banks refusing development funding to companies, where the State is the company's lessee in terms of decentralisation or where, for example, the IDA has signed contracts for multinational companies locating here. The banks refuse to fund those projects. Indeed, they are also refusing working capital to the best and strongest companies in this country. That is causing untold difficulty for the economy and is the cause of serious job losses. In view of the recapitalisation, can the Minister assure us there will be an end to that type of activity by the two main banks and that they will grant money where there is a clear and significant case to be made that there is no risk involved?

There are two minutes left. I am sure the Minister will not be able to answer all the questions.

I can allow another five or ten minutes for questions.

It is not the Minister's fault. It is due to the system here. Perhaps we could get a written reply. Senator Ross and Deputy Flanagan also have questions of which the Minister could take note.

The Minister has indicated that he will stay.

It is not due to the Minister. We must check with the staff in the building.

I can facilitate another ten minutes. After that I must meet Mr. Trichet.

We can go for another five minutes.

The members seem to agree it is very important.

The Minister should definitely go to lunch with him.

I will try to reply quickly to everybody. Deputy O'Donnell referred to the due diligence. It started yesterday. Bank of Ireland will hold its agm in late March and Allied Irish Banks will hold its agm in late April, so that is the outer limit of the time involved. Those pillars of Irish life, PwC and Arthur Cox, are assisting us in that regard. I will return to the issue of lending to small business. I agree with members that lending into the real economy is the vital issue. We are in discussions with the smaller institutions. Their capital requirements do not seem as extensive. With regard to the bond issue, it was €4 billion at 3.9% for three years.

In reply to Deputy Barrett——

Will the Minister consider a Government guarantee scheme for overdrafts and loans?

We will certainly look at it. As I said, we have to adapt policy to events. We do not have proposals under examination at present, but it is something we are prepared to look at.

Deputy Barrett referred to the role of independent auditors.

I do understand that a number of independent auditors are now coming under increasing focus and investigation because of recent events. Internal auditors are important as well. I agree entirely with Deputy Barrett about the European approach, which is absolutely essential. In addition to the ECOFIN discussions, the European Central Bank meets regularly. On 2 December 2008, there was a political agreement on a number of legislative dossiers that will improve stability and supervision in the financial sector, including directives on capital requirements and solvency of insurance companies. These proposals are being progressed as rapidly as possible. In addition, within the European Central Bank there has been a vigorous dialogue between the governors of the different banks about how we can make progress in this position. The meetings of the European Central Bank take place not just twice a month, but also by constant teleconferences between the participating central bank institutions.

The impression is sometimes given to the public that the European Central Bank is a remote institution with little contact with the real world. However, the fact that it is systemically tied to the central banks in each of the participating currency states is important. There is a constant exchange of views and assessment of risks, and responses are being devised. It is fair to say that the ECB has pursued a much more cautious policy in the present crisis than the US Federal Reserve or the Bank of England, but that does not mean that the ECB does not have a policy or that it is not capable of rapid response when required.

On the political side, the president of the European Central Bank participates at the euro group meeting — a private meeting of the participating currency states — which takes place on the eve of ECOFIN meetings. I find those private meetings are very useful. There is a full exchange of views on monetary problems and obviously we share our different perspectives about how they can be addressed and resolved. As a matter of convention we do not discuss interest rates, but clearly there is a full and frank exchange of views, to use the time-honoured phrase. The president of the ECB, Monsieur Trichet, is in attendance to hear those views along with the senior commissioners responsible for economic policy.

I agree with Deputy Barrett that great deal of our solution has to be bound up with Europe. It is important that the message is out there in public that without the ECB we would now be in a very difficult position. The ECB is the ultimate guarantor of the stability and security of the Irish banking system and currency. For example, if we were in the old arrangement of parity with sterling and our banks were in this position, I have no doubt that our banks would simply become insolvent. That cannot happen, however, because of our participation in the ECB. Deputy Barrett also raised the question of bankers trying to wear different suits. I agreed with him on a previous occasion that we need to see a return to traditional models, but I do not want to pass judgment on cases he has given.

As regards Deputy Fahey's point, there is the whole question of bets through hedge funds. I know the G10 and various groups are looking at hedge funds and how they can be regulated. We have financial stresses throughout the world with criticism of Ireland in the United Kingdom and North America — some of it well founded — but the comparison between Ireland and Iceland is a bizarre one, precisely for the reason I outlined to the committee a moment ago. Iceland had a currency of its own and was not tied or secured by any international currency arrangement. We are a direct part of the strongest currency in the world. Yes, it has caused us serious economic problems in terms of the sterling differential, but in terms of the banking system and liquidity it means we have a very secure banking system.

Some weeks ago I was questioned in a BBC 2 interview about that, but the suggestion that there is some comparison between Ireland and Iceland is bizarre. First, Iceland had ten times its GDP lodged in the banking system. That is the first difference. We are about 2.5 times, of which about half is domestically funded. Therefore, there is really no comparison at all, yet the comparison is repeated to our discredit.

As regards the credit crunch, it is important to note that under the terms of recapitalisation, the banks have agreed to engage in a clearing group chaired by a Government representative and including representation from business interests and State agencies. The purpose of the group will be to identify specific patterns of events or cases where the flow of credit to viable projects appears to be blocked and to identify credit supply solutions. The recapitalised banks have also agreed to fund and co-operate with an independent review of credit availability, which will be managed jointly by the banks, the Government and business representatives. It is essential that we get to the bottom of this.

That is very welcome. When will it be established?

The independent review is established and the clearing group will be established from the time of capitalisation.

How often will it meet?

I would imagine on a weekly basis.

I will now call Deputy Flanagan or Senator Ross, whichever one wishes to go first.

As regards the economic plan and the other financial institutions——

Excuse me please, there are two other colleagues who would like to put questions.

There were just two others.

The economic plan does not arise under banking, but clearly we are in the excessive deficit procedure.

When is it coming back from Europe?

We are in intensive discussions with the Commission and that will come back in the next few weeks.

We all know that the Financial Regulator, Mr. Neary, paid with his job. He was wrong and disrespectful to us in not appearing before this committee when we asked him to come here recently. However, he was not the only one that was at fault in the regulator's office. Why did the Minister not make a decision to clear out all high-level management within the Financial Regulator's office? There were more than just Mr. Neary there. That would have sent out a strong international signal that it is clearly not business as usual, that we are determined to get to the root of the problems here and that things will be different in future.

What pressure has the Minister put on the banks to come clean on the level of bad debts, and in order to get them to revalue their property loans to market value?

I appreciate the Chairman calling me to contribute because I am not a member of this committee. I wish to ask the Minister about the appointment of Mr. Boucher to the Bank of Ireland, although I know he has dealt with this topical question. I would have thought the protestations by the Government and politicians that a watershed was now going to be introduced in the banking system and that they were going to introduce new blood, has been totally and utterly contradicted and devastated by yesterday's appointment at Bank of Ireland. The public was looking for the Minister, on various appointments——

The Minister has already dealt with that and he does not need to reiterate it.

I have specific questions on this which I wish to ask. The Chairman does not know whether the Minister has dealt with it because I have not asked the question yet.

We are here to ask questions.

That is correct. I do not know whether the Minister is aware of this, but that appointment has been made by exactly the same cabal as appointed all previous chief executives at Bank of Ireland. The Minister said he did not have very much input into that, although Mr. Burrows obviously telephoned him. He also said that the circumstances were difficult, which certainly gave the impression that this was a second best and that no outsider would accept this particular appointment. If this is a second best appointment and it is going to cause public disquiet, one must ask why the Minister did not use his muscle — he has two appointees on the board — to say that we must have a break with the past. A report in The Irish Times this morning describes Mr. Boucher as having been responsible for the Irish development and land bank loans. If that is the case, we have the quintessential insider — son of Brian Goggin, who has just left — who is responsible for incurring a lot of the toxic debt, taking over the bank at this critical period. That is just not acceptable. It is more of the same — selected by the same people in the same way. While the Minister has given us a superbly comprehensive summary of what has been going on — we should acknowledge that; it has been tremendous — I suggest that some of these actions and appointments are sending out a really bad signal to the public. The appointment of Mr. Maurice Keane——

There are less than five minutes left.

I will not take five minutes.

The Minister might not have time to answer the Senator's questions.

I refer to the appointment of Mr. Maurice Keane to the board of Anglo Irish Bank. He is a quintessential insider as well and comes directly from the Bank of Ireland board. We need a break. Why did the Minister not say to Mr. Burrows that we will not accept Mr. Boucher, who is the favourite son——

The precedent is that members can not make charges about persons outside the House or make insinuations regarding individuals who are not here or make them identifiable. The Senator cannot make insinuations against individuals who are not here to speak for themselves. The Senator should be very careful in what he says.

I will be very careful about it. Why did the Minister not make an appointment of someone who was not internal and who did not have a track record which would scare the horses?

Deputy Terence Flanagan raised issues about regulation at senior management level in the office of the Financial Regulator. If he has information about that mismanagement, I would be obliged if he would hand it to me and I will have the matter dealt with.

I was speaking in general.

I do not believe we should speak in general about these matters. If people's jobs are on the line, there should be specifics about what they did wrong. That is very important in this debate. If allegations are to be made against people, let us see what they are.

In regard to the chief executive, there was a specific allegation. It was investigated and he retired. If there are other persons in the Financial Regulator's office under a cloud, I would like to know exactly the specific issue in regard to them and it will be dealt with.

At present, the Financial Regulator has 25 staff at Anglo Irish Bank. A large number of new staff, who have direct hands-on expertise in banking, have been recruited from the banking area for work in the office.

Coming clean about bad debts and revaluing the property assets are very important issues. Clearly, they have major implications for the balance sheets of the institutions concerned and it is part of the issue about which we will have to make a decision in a matter of weeks, that is, about how we deal with risk management in the banking system.

Senator Ross raised two issues, one for which I am responsible and the other for which I am not fully and comprehensively responsible. The matter for which I am responsible is the appointment of Mr. Maurice Keane as a director of Anglo Irish Bank. Senator Ross is familiar with the circumstances surrounding the departure from that institution of its existing board of directors, other than the two public interest directors and the chairman. I felt it was very important in the circumstances which obtained in early January that, as a matter of urgency, I obtain the services of a reputable banker to serve on the board. I am satisfied Mr. Keane is a reputable banker with considerable experience in banking. He is certainly not on the board of Anglo Irish Bank to secure the interests of anyone other than the interests of the State in having a person with reputable experience in banking serving on that board.

In regard to the position at the Bank of Ireland, Senator Ross will recall that the original stated intention of Bank of Ireland was that Mr. Goggin would depart in June following a leisurely recruitment process for a replacement. Following various events earlier this year, the court appeared to have had a change of heart and decided a more immediate change was required. The chairman briefed me in person about the change of heart and about the subsequent appointment.

There is a balance in these matters and I do not believe the Government, under the guarantee scheme, has the right to appoint a chief executive to the Bank of Ireland. It is an important position and I am satisfied from what Mr. Burrows has told me that there was a transparent selection process in which at least one of the public interest directors was involved, that a number of candidates were interviewed and assessed, that a number of candidates were short-listed and that Mr. Boucher was the best of those short-listed. In those circumstances, I wish him well.

Could the Minister not have said we did not want an insider?

We have to conclude——

I apologise. It is a supplementary question.

Under the order——

Could the Minister not have said that? It is a fair question.

——of the terms of reference of the committee——

The Minister does not need protection.

The best man for the job——

——we have to conclude the meeting. I thank the Minister and the officials for their attendance.

Is he the best man for the job?

That was the assessment.

I thank the Minister for his extensive replies to the queries and questions put to him. We will adjourn the meeting until 2.15 p.m. on Wednesday, 11 March 2009. The select committee meeting will follow but it cannot commence until 15 minutes after this meeting, so that will be at 12.30 p.m.

Before the select committee meets, I would like to say we got a report on forwarding the motion on compellability to the Houses of the Oireachtas. I suggest that the meeting should do that before the select committee meets.

It was agreed at the commencement of the meeting that we would hold off until the next meeting.

What would we do?

Can I interrupt the business for a moment? I appreciate another committee is looking at regulatory matters but if the committee has views on any matter in the reform of the regulatory system, I would appreciate getting them as soon as possible.

Okay. The committee agreed and recommended that, notwithstanding its decision last week, the safest legal option was for the committee to hold off going into compellability mode until such time as the current investigations are over and any proceedings which may arise have been dealt with in order not to run the risk of prejudicing the investigation, prevention or detection of any offence in the future. The draft report should be postponed for the moment.

Will the Chairman repeat that?

The draft report should be postponed for the moment.

I wish to take issue with that. Is that a decision or a recommendation?

That was agreed at the commencement of the meeting.

It was agreed at the commencement of the meeting.

The Chairman told me he was going to discuss it at the end of the meeting.

The committee will not send this to the Houses of the Oireachtas. It is simply to give the committee extra powers in calling witnesses. It does not say what it is about.

The committee agreed not to send this forward to the Whips as of yet.

I wish to record a late, very strong objection to that. This is entirely contrary to the tenor of the discussion we had previously. There is no intention or desire on the part of anybody to interfere in legal prosecutions if there is wrongdoing. However, to cop out in regard to the legal advice given and not to seek the appropriate compellability extension of powers is very wrong and I want that recorded.

The Deputy could make a report for the next meeting.

We had a very cursory discussion. We were anxious to move on to the next matter. Perhaps we should——

We should put it on the agenda for the next meeting and discuss it further. Would that be okay?

There are wide areas of these matters which are not the subject of criminal proceedings, for example, the role of the Central Bank and the Financial Regulator. The criminal proceedings, if they take place, would appear to relate to one covered institution only. I am not aware there are such proceedings in regard to five of the institutions nor in regard to the Department of Finance, the Central Bank or the Financial Regulator.

I suggest we put it on the agenda for discussion at the commencement of the next meeting.

When will that be?

On 11 March.

The matter is very urgent because we face local and European elections and the opportunity for this committee to meet will be very diminished after St. Patrick's Day for reasons we all know. The notion that we walk away from the option of the committee having more appropriate and extensive powers to investigate is very wrong. I am shocked that a decision such as this could have been reached so quickly without adequate discussion.

I will put it on the agenda for the next meeting.

I suggest we hold a special private meeting early next week to revisit the issue, if the other members of the committee would agree to that.

We will check out the availability of times and a venue.

Am I correct in saying 11 March is Wednesday week?

Then one is heading towards the Dáil recess for St. Patrick's Day and shortly thereafter the Easter recess, and then there are European and local elections.

The clerk will see what can be done.

The joint committee adjourned at 12.20 p.m. until 2 p.m. on Wednesday, 11 March 2009.
Barr
Roinn