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JOINT COMMITTEE ON FINANCE, PUBLIC EXPENDITURE AND REFORM díospóireacht -
Thursday, 15 Sep 2011

The Economy and the Banking Sector (Resumed)

I welcome from Irish Bank Resolution Corporation Limited, Mr. Alan Dukes, chairman; Mr. John McGloughlin, group executive investment and loan servicing; and Mr. Jim Bradley, group treasurer and interim CFO. Members will recall that on 1 July the Minister for Finance announced the immediate transfer of the assets and liabilities of the Irish Nationwide Building Society to Anglo Irish Bank Corporation. On the same date it was announced that Anglo Irish Bank intended to change its name to Irish Bank Resolution Corporation Limited and this took effect on 13 September.

The format of the meeting will be that we will hear opening remarks which will be followed by a question and answer session. I advise the witnesses that, by virtue of section 17(2)(l) of the Defamation Act 2009, they are protected by absolute privilege in respect of their evidence to this committee. If they are directed by the committee to cease giving evidence on a particular matter and continue to so do, they are entitled thereafter only to qualified privilege in respect of their evidence. They are directed that only evidence connected with the subject matter of these proceedings is to be given and asked to respect the parliamentary practice to the effect that, where possible, they should not criticise or make charges against any person, persons or entity by name or in such a way as to make him, her or it identifiable. Members are reminded of the long-standing ruling of the Chair to the effect that they should not comment on, criticise or make charges against a person outside the Houses or an official by name or in such a way as to make him or her identifiable.

Mr. Alan Dukes

Gabhaim buíochas leis an gCathaoirleach as cuireadh a thabhairt dúinn teacht chun cainte leis an gcoiste. It might be useful if, as an introduction, I resume briefly on what the bank has been doing since nationalisation. As members will know, the mission of the bank since has been to deal with the assets and liabilities as they were at the time in a way that minimises the overall cost to the taxpayer. The Vice Chairman is a little previous in giving us the new title of IBRC which will become effective on 14 October when we will have the legal formalities completed. One of the newspapers got it slightly wrong in that it confused a subsidiary of the bank with the bank. However, that is just a detail.

It is important to point out that in terms of status, the bank is a regulated entity. It is closely supervised by the Financial Regulator and the Central Bank of Ireland. It is wholly owned by the State and the shareholder is the Minister for Finance. It is subject to all of the relevant provisions of company law and also to a series of codes of practice and so on relevant to State-owned entities and companies. It operates in the context of overall banking policy as laid down by the Minister for Finance on behalf of the Government. We are operating on the basis of a restructuring plan which was submitted to the European Commission in January and approved some months afterwards. On the basis of that restructuring plan, we have drawn up an operating plan for the bank which gives effect to the integration of Anglo Irish Bank and the Irish Nationwide Building Society. It is intended to bring about an orderly wind-down of the entity over a period of ten years. As I said, the bank's mission is to give effect to that wind-down at the least cost to the State and the taxpayer within the context of overall banking policy as laid down by the Government. We have made a great many changes and a good deal of progress since nationalisation. I will briefly go through some of these changes because it is important that they are understood.

The first phase of the operation, beginning with nationalisation, was to stop the haemorrhage. A number of things had to be done to bring this about. A new board was appointed and there have been some changes since. As the committee knows, one of the directors at the time has since become chairman of NAMA and we appointed a replacement for him. We appointed three further directors in May 2010. There are currently six members of the board, including the chief executive officer.

We also set out to hire a new top management team. In fact, the top level management of the bank has been completely renewed since nationalisation. It has been said to me both directly and indirectly that there have not been enough changes at the bank, but there has been a complete change in the top levels of management. We deliberately set out to recruit people with substantial experience in substantial banks outside the Irish banking system because we took seriously the idea that we wanted people with fresh eyes and relevant experience, people who had not been involved in banks which had got into major bother. If members look at our top level management, they will see that we succeeded in doing this. Our chief executive is an Australian with significant banking experience. Mr. Bradley who is acting as our chief financial officer is an American with long banking experience. We have a couple of other Americans and some English gentlemen. We have one Irishman whom we recruited in Poland. We deliberately went out to bring in experience from outside the Irish banking system but people who had good experience in banking. The result has been extremely good.

During 2009, in the first phase, we had to enhance risk management and controls and take a new and hard-headed look at the bank's provisioning policy. That part of the work produced a number of shocks for both us and others. The course of events in the property market since has shown that, although we were hard-headed at the time, there was more in store. During 2009 we launched the first liability management exercise with our subordinated bondholders. The benefit to the bank and, therefore, the taxpayer was about €1.5 billion. Also in that year we launched the first voluntary redundancy programme for our staff which began the process of winding down our staff numbers. In that connection, we are about to launch another such programme and there will be a further reduction of about 350 in our staff numbers between now and the first quarter of next year. It is the dark side of bank restructuring. I owe it to the bank's staff to say they have performed exceptionally well for a group of people who have been under a great deal of criticism, much of it unjustified, from outside. It is no fun to be a middle level or junior official of a bank which always has the word "toxic" applied to it. The people concerned have put up with a great deal and we owe them gratitude for the way in which they have continued to perform since nationalisation. That is by the way, but I thought it was important to say it.

We entered the second phase in 2010 when we began de-risking the bank and recovering what we could from the difficulties encountered. We reorganised the bank internally and built up a group recovery management unit which focuses on the administration and, where appropriate, recovery and restructuring of outstanding loans. We restructured our UK lending teams and reoriented them towards recovery, collections and work-out, and began the process of transferring assets to the National Asset Management Agency. That was a demanding process. At a meeting with the predecessor committee I was asked why we had so many people in the bank. I had to answer that a substantial part of the reason was the high demand on staff from the process of transferring loans to NAMA. It has been a labour intensive process on both sides. I do not say this in a critical way; it is the way the process was designed.

As part of the process of de-risking the bank, we also began to reduce the treasury asset portfolios. Our focus was on getting out of the most risky types of treasury asset the bank had at the time. It is impossible to put a figure on what we might or might not have saved by doing this, but we certainly got out of it better in 2010 than we would have done if we had retained the assets for longer, into 2011. As I said, we focused on restructuring the bank. We also had to carry out the process in the United Kingdom and the United States, shaping the bank to be an asset recovery vehicle. During 2010 we launched a second liability management exercise. I have probably said publicly that we would have liked to do it earlier than we did, but the exercise produced a benefit to the bank and the taxpayer of more than €1.5 billion. With the two liability management exercises, we netted a benefit for the bank and the taxpayer of about €3.3 billion. In the exercises we have disposed of almost all the bank's subordinated debt.

In 2010 we also began an intensive process of preparing for a disposal of the US loan book. There had been various individual operations along the way, but we looked closely at the processes that would be required to sell the US loan book. We had done a good deal of preparatory work, but our judgment was that the state of the market in the United States in 2010 did not encourage us to go ahead with the exercise at the time. A great deal more liquidity appeared in the US market in early 2011 and having done some preparatory work in 2010, we were able to move quickly this year. We have conducted a bidding process for the US loan book and, having made decisions on who the final purchasers will be, we are in the final stages of tying up the deal which will be tied up before the end of the year. I am satisfied with the way the operation has gone. Everybody concerned believes it has been carried out in good conditions. We made progress in reducing other parts of the loan book before the exercise in the United States and some progress has been made in the United Kingdom. The position is rather more difficult in the Irish market. It is probably accurate to state much of our activity in the Irish market has been in restructuring and recovery rather than on sales of the loan book. We have managed to take some useful action where the objective has been to help borrowers to work through difficulties and improve the security available to the bank, all with the general objective of reducing risk in the operation.

During the course of this year the restructuring plan was approved. Our Isle of Man operation, deposits and NAMA bonds were transferred to AIB on foot of a transfer order. We are in the process of completing the integration of the INBS and Anglo Irish Bank. We have closed all of our European branches and pulled back activity to three important components, namely, the US loan book which is in the process of being sold, the UK loan book and the Irish loan book. We have acquired a new activity for the bank which is managing a mortgage book, which is not without its challenges and about which Mr. McGloughlin will speak more.

Broadly, the headline effect of what we have been doing is that since nationalisation we have reduced net loan assets in the bank by 77%. Our net loan assets stand at €16 billion, whereas we started in February 2009 with a figure of €69 billion. This is a major reduction in exposure and risk levels. We have also brought about a significant reduction in exposures other than those on the NAMA book. Part of the process has been that the State has injected a little more than €29 billion into the bank by way of the promissory note and there has also been burden sharing of €3.3 billion with subordinated bondholders.

As things stand, we are reasonably hopeful the final cost of the operation will be approximately €25 billion rather than in the range of €29 billion to €34 billion we had estimated in September last year. This is highly contingent on what happens to property markets here and in the United Kingdom. It will also be affected by what happens in the general economy. As committee members will know, all of this is very vulnerable to what happens in the eurozone in general. With these qualifications, we believe we have reduced what will be the final cost of the operation to the taxpayer by an appreciable amount.

The total balance sheet of the bank has reduced from €94 billion at the time of nationalisation to €54 billion. This includes the approximately €24 billion of support from the Government. The head count has reduced by 41% and we expect it will reduce by a further 350 between now and the first quarter of next year. We are totally reliant on funding from central bank authorities and the Government. Our funding from central banks and monetary authorities stands at approximately €40 billion. Total assets are approximately €54 billion. If we exclude the Government's promissory note, total assets are approximately €30 billion. Impaired loans on our books amount to almost €17 billion with a cumulative impairment provision, as of now, of almost €10 billion. Therefore, impaired loans account for approximately 30% of our loan balances.

These are the headlines and while there is much detail behind them, I would prefer to leave it to members of the committee to decide on what they want to focus. Mr. Bradley is our acting chief financial officer, while Mr. McGloughlin is our mortgage man. I am always very happy to pass on headaches to these two gentlemen.

Will Mr. Dukes provide us with a written version of what he has stated?

Mr. Alan Dukes

I must apologise; I was asked for a written version, but I was away until late last night and do not have a written version.

I welcome Mr. Dukes and his colleagues.

I have a number of questions which Mr. Dukes can answer for us. With regard to his estimate of the final bill for the taxpayer in bailing out Anglo Irish Bank, when the half yearly results were published recently, Mr. Mike Aynsley, the CEO, indicated the range was €25 billion to €28 billion which had reduced from the original estimate of between €29 billion and €34 billion. Mr. Dukes has focused in on the lower end of the revised range and mentioned a figure of €25 billion. What assumptions are factored into this figure with regard to projections in the property market? Mr. Dukes mentioned this would be a key input in determining the final bill. What projections have been factored in with regard to economic recovery? How confident is Mr. Dukes that €25 billion will be relatively close to the final figure?

Mr. Dukes referred to the bank being wound down in an orderly fashion over a period of ten years. What is the significance of this period? How was it arrived at? How can Mr. Dukes be certain that it is the optimum period within which the bank is to be wound down? If circumstances permit, can it be wound down more quickly than this? It seems to be a long period of time. Clearly, the assets and loan book must be worked out and fire sales are not advisable, but it does seem to be a long period for winding up the bank.

Investigations are under way by the Director of Corporate Enforcement and the Garda Síochána into certain transactions and issues at the bank. Is Mr. Dukes satisfied that all possible information has been provided by the bank? Will he assure us there are no outstanding issues with regard to the encryption of data or passwords to access computer data and that all members of the bank's staff have co-operated fully? What is his position on how these investigations are proceeding and will he provide assurance that the bank is giving every possible support it can to ensure they will be brought to a conclusion?

I am not sure how much Mr. Dukes is willing to state about the former CEO, Mr. David Drumm, but I want to raise this issue and compliment the current management of the bank on the way it is pursuing the issues involved in the United States and being so proactive in the bankruptcy proceedings. What is the end game for Anglo Irish Bank? Mr. Drumm owes the bank quite an amount of money and Anglo Irish Bank is challenging his bankruptcy proceedings in the United States of America. I agree with Mr. Mike Aynsley's comments at the launch of Mr. Simon Carswell's book when he stated that Mr. Drumm should show some backbone and return to Ireland to deal with his affairs and the questions. What is Mr. Dukes's perspective on events in the US and what would he like to see occur? Mr. Drumm's actions have been reprehensible and we all want him to be held accountable in this jurisdiction for his actions, his stewardship of the bank and his financial obligations to Anglo Irish Bank and, by extension, the State and the taxpayers.

The bank has ceased awarding bonus payments since 2009. Are there legacy issues? For example, ten bonus awards were paid in 2009, nine of which were contractual entitlements to a deferred portion of a bonus earned in previous years. The remaining award was a performance-related bonus in respect of 2008. In 2010, five bonuses were paid, all of which were contractual entitlements to a deferred portion of a bonus earned in previous years. For how much longer will this situation pertain and what is the current position of the deferred portions? Do contractual entitlements remain and do they relate to current or former employees? Any information Mr. Dukes could provide would be helpful.

The Government is making efforts to secure a reduction on the repayment of the outstanding unguaranteed, unsecured senior bonds at the bank, which amount to a value of just under €3 billion but increase to approximately €3.5 billion when Irish Nationwide's bonds are taken into account. However, the Government is meeting stiff resistance from the European Central Bank, ECB. As chairman of the bank, what would Mr. Dukes like to happen with these bonds and does he agree with and support the Government's efforts to achieve a reduction?

My next question may be for Mr. McGloughlin, as it relates to the former boss of Irish Nationwide, Mr. Michael Fingleton. How are the efforts to retrieve the famous watch, which cost the building society approximately €21,000, and the €1 million bonus going? What efforts is the building society making to ensure their return and what response is it getting from its former boss, if any?

Mr. Alan Dukes

I thank Deputy McGrath, who has shown a particularly forensic interest in the bank's activities. A cost of €29 billion to €34 billion was forecasted last September as part of an exercise across the whole of the banking system commissioned by the Government and carried out with the Central Bank to anticipate what we might expect. The economic forecasts were based on a combination of consensus views on the figures for projected growth, inflation and the property market. These figures were drawn from work produced by the ESRI and the European Commission. Were we to revisit the underlying assumptions today, we would reduce the figures a bit. Everyone's forecasts today compared with those of September 2009 have fallen.

The exercise also took the view that we would see a bottoming out of prices in the property market during the next three to four years after which time we would begin to see some recovery. I am unsure as to whether we would make a different assumption now. There is an area of doubt. I am sure the Deputy is familiar with Groucho Marx's view of forecasting. He stated: "Forecasting is very difficult, especially when you are talking about the future." Any forecast today about economic growth over the next five years is tip-of-the-finger stuff. The same can be said in respect of the property market. There is no substantial evidence to suggest we have reached the bottom of the property market.

However, subject to these caveats and on the basis of the basic assumptions made in September 2009, what we have managed to do since has exceeded our expectations a little and the cost will be somewhat less by the type of margin I have mentioned. I cannot be more precise, but this is the type of logic involved.

There is a ten-year wind down because that is what the authorities have told us to do. The figure came out of a discussion between the Government and the European Commission. They took the view that a ten-year period was a relevant planning horizon for a wind down asset recovery operation. Deputy McGrath asked whether we could do it faster. While I would not like to be held to this, parts or all of it could be done more quickly. I will qualify this, in that we are conscious that we must strike a balance between holding out for a better price and the cost of carrying the assets as they are. It is a difficult calculation to make. In the case of the American book, we came to the view that we would get a better result from selling in 2011 than we would from waiting. It may be that we will be proved wrong next year, in which case people will complain. By next year we may be proved to have done something clever and got in when the market was good. It will always be a judgment call.

Schematically, we hope to make substantial progress in disposing of the UK book within approximately five years. We hope to make substantial progress in disposing of the Irish Nationwide Building Society, INBS, mortgage book in that period, but I cannot guarantee it. If the signs are appropriate, we would like to do it more quickly than ten years.

Another constraint on how long a wind down operation takes is the ability to retain staff. We are in a wind down situation. During the past couple of years, we have developed and retrained staff who are good at wind down operations. However, we are losing staff because we are not the only entity in the market engaged in such operations and others can afford to pay more than we can. This is a problem. The longer the process, the greater the danger of losing the assets we will need to handle it.

I can say categorically that the bank and our new colleagues in the INBS are co-operating fully with the investigations. I had the pleasure of a second interview with officers of the Garda fraud squad only a couple of weeks ago. They let me out and no handcuffs were in evidence. I am glad the Deputy asked the question, as we have gone to great lengths to ensure that staff in the bank co-operate. It is difficult for some of them and we have put measures in place to help them to be as open as possible. Only a couple of weeks ago I read a claim in a newspaper that officials of the bank were not co-operating. The people who were not co-operating are no longer officials of the bank and have not been for some time. An issue arose in respect of encryption, in regard to which people thought there was an agenda but there is not. I do not know about members of the joint committee but I write the access codes for my computers into my diary. I have so many, I cannot remember them all. I accept that is probably a dangerous thing to do. There were people involved in encryption in the bank who, having left the bank a few years ago, could not remember their codes. We went to a great deal of trouble to find the necessary codes and have, I believe, obtained most of the information required. We have gone to a great deal of trouble to co-operate to the maximum possible extent with those investigations.

Members will understand if I do not say too much about the case involving Mr. Drumm. When he, then resident in the United States, applied for protection of the laws there, we were effectively prevented from proceeding with our application here. Had we done so we would have been in contempt of the court in the United States. As we have an ongoing operation in the United States that could have caused us a number of problems. We had to cease our action here but have found a way to get involved in the action in the United States. We have objected to Mr. Drumm's application to be discharged from bankruptcy. I am not sure when we will have a result in that regard. It is expected in the relatively near future. If that goes as we hope, we will be able to pursue actions here. That would be the desirable outcome from our point of view. We have no control over whether he presents himself here. We must wait and see.

Deputy Michael McGrath set out the position on deferral of bonus payments. I will have to make a specific inquiry in respect of the final part of the Deputy's question of whether there are any more payments of that type to be made during the course of this year. I do not believe so but I will not give a definitive answer until I get all the information.

It was stated in response to a question raised by Deputy McGrath before the summer recess that there were concerns on the part of the Minister for Finance that the bank had not been entirely forthcoming in giving information because there appeared to be differences between information given last December and information given this June. When the Minister conveyed that displeasure, we undertook a reconciliation of the two sets of information in the bank. The only difference of substance was that a payment had been made to a person recruited into the bank following the December 2010 question being asked. The arrangement made in recruiting that person included a payment to take account of the fact that she would, in coming to the bank when we wanted her to come, lose a bonus in her previous employment. We came to an arrangement with her, which was that we would compensate her with a bonus. That was the only material difference. It appeared in the meantime that an official of the Department of Finance on reviewing the December figures and comparing them with the June figures had reclassified a number of items, which is what caused the confusion. It took the staff of the bank and Department some time and a ten page report to sort out that issue. I regret that happened as it was a waste of time on both sides for something that turned out to be a bottle of smoke. As stated repeatedly, since nationalisation the bank has not incurred any new liabilities in relation to bonuses, share based payments and so on. No bonuses of any type have been paid.

We have, in the context of some contracts of employment, had to add in various short term inducements to get people to move but they have all been through the normal approval processes coming from the CIROC report and the Department of Finance.

In regard to the bank's remaining obligations in respect of deferred bonuses, are the people involved current or former employees and what amount of money is involved?

Mr. Alan Dukes

I will take that under advisement and come back to the joint committee on it. I do not want to give a formal answer now because I am not sure I have all the information in that form. I will come back to the joint committee on it.

Perhaps Mr. Dukes will communicate his response to the clerk of the joint committee following which the information will be passed on to members.

Mr. Alan Dukes

I am happy to do that.

On the issue of unsecured senior bonds, that is entirely a matter for the Government. The bank operates within a policy framework laid down by Government. In other words, we will do what we are told. It is not my call.

On the question in regard to Mr. Fingleton, I do not believe it would be fair to ask Mr. McGloughlin to answer that. The Minister for Finance was good enough to make the point that we had acquired that particular obligation, as with everything else, as a legacy issue from Irish Nationwide Building Society. I cannot say I am eternally grateful for that. Mr. Fingleton did say he would repay the €1 million. We have renewed the call to him to repay it but have not had any response. We have also renewed the call to him to give back the watch in order that we could recover something for the taxpayer but have had no response in that regard thus far.

I welcome Mr. Dukes and his colleagues to the meeting. What is the total number of staff currently in the bank and what is the plan in respect of the number of staff that will be in place during the next couple of years?

What was the total amount of loans to directors such as Mr. Drumm, Mr. Fitzpatrick and to other executives at Anglo Irish Bank and Irish Nationwide Building Society at the time of the putting in place of the guarantee and how much of that has been recovered? Mr. Dukes referred to the level of subordinated debt outstanding. What did Mr. Dukes find on taking up his position as chairman of the bank? What were his observations on what happened once he had had an opportunity to examine the situation? How, in Mr. Dukes view, did we get to a point whereby to date €30 billion of taxpayers has had to be put into Anglo Irish Bank and €6 billion into Irish Nationwide Building Society? The amount put into these banks defies logic and should not have happened. I would like to hear from Mr. Dukes in regard to what he found.

People with good loans with Anglo are concerned and frustrated in their dealings with the bank because it cannot grant further facilities. What is the bank's policy in this area? The bank appears extremely inflexible. I regard Anglo Irish Bank as a dead bank. While many of its clients are tied up in the property market they also have other good businesses which are being affected because of their dealings with Anglo. Mr. Dukes might set out the bank's policy in regard to good loans and its general relationship with customers, which from what we are hearing from many people, is unsatisfactory.

Mr. Alan Dukes

I will come back to the outstanding total of loans to directors and staff. The best thing I can do is refer the Deputy to the annual and half-year reports for the relevant dates. Those are the best figures we can get on what is outstanding. I can dig through the papers here.

I am more interested in how much is being repaid.

Mr. Alan Dukes

With regard to how much we have got back, I hope the Deputy will not be annoyed by what I am about to say. I regret to say that it is an issue of banking confidentiality. I cannot disclose any specific case or account because these are, after all, banking clients. In the case of a number of former directors with outstanding loans with the bank, we are working intensively with some to reach a point where we can secure some, if not full, repayment through the bank. In a number of cases we have taken steps to increase the bank's security over assets belonging to those people. In one case, which takes up a good deal of my time, we are working to bring about an arrangement where a business deal can be completed that will put the bank in a position to recover a substantial part of the outstanding loans. I cannot be more specific than that for reasons of client confidentiality. I hope that does not annoy the Deputy too much.

It does. I am more interested in what percentage of the loans is expected to be recovered.

Mr. Alan Dukes

It will vary from case to case. This relates to an attitude that is relevant to another question asked by the Deputy. Our concern is to maximise recovery for the bank from those outstanding loans. It is a very painstaking process in some of those cases. The remaining subordinated debt is in the fractions of billions of euro.

Mr. Jim Bradley

It is $200 million.

Mr. Alan Dukes

There is $200 million of subordinated debt remaining. There is not much to be got. A question was asked about my view of the bank, and I arrived on the bank's board as a public interest director at the beginning of December 2008. It is fair to say that at that point, Anglo Irish Bank and the other guaranteed banks had broken through every prudential limit one could imagine in terms of concentration of loans by borrower, sector or geography. I found it quite appalling. I also found that it was extremely difficult, on the basis of how information was being presented in the bank, to get a good handle on what the exposures were to given borrowers or groups of borrowers.

An exposure may have been recorded to a company or group of companies amounting to hundreds of millions of euro, and when we searched through the rest of the loan book, some of the people involved in one group could be involved with another group where the bank had a big exposure. There was no way in the bank of co-ordinating this information and presenting it in a consolidated form for a given company or person. There was a great lack of clarity.

Was there significant overriding of controls by the chief executive officer and the chairman at the time of the guarantee?

Mr. Alan Dukes

No, I did not find that to be the case. To be honest, not having been a banker before and feeling obliged to go through the minutiae in order to understand the process, I was surprised that when my fresh pair of eyes found it difficult to make head or tail of the information presented, regulators had not spotted the difficulties or inadequacies in the way information was presented or handled before. I was amazed both by the opacity of information in the bank and the fact that regulators put up with that kind of opacity before. They had all the information.

They would have seen the information.

Mr. Alan Dukes

It was my observation that whereas one bank might have thought it could get away with busting through prudential limits on the basis that it would not be noticed because other banks would keep to the rules, all the banks were doing it and had not been stopped in doing it. I tried to find a record with regard to the regulator system but did not find it.

The regulator of the time was fully aware of this happening.

Mr. Alan Dukes

All the information was there but it was not being put together in a way that would have shown the nature and extent of the problem.

That is a wonderful observation and I congratulate Mr. Dukes on having the clarity of mind to express it. I add, to use the witness's own words, that all the banks seem to have broken every prudential rule. That includes boards and auditors over a prolonged period.

Mr. Alan Dukes

Deputy O'Donnell asked for a personal opinion.

The witness might continue with it.

When Mr. Dukes discovered the type of opacity he spoke about, did he seek clarification from the Financial Regulator?

Mr. Alan Dukes

I sought clarity inside the bank so that the information would be presented in a clearer and more useful form for decision making in order to de-risk the bank. We have made very substantial changes in the way that information is generated and presented.

Did Mr. Dukes speak to people in Ernst & Young?

Mr. Alan Dukes

There was another element that should have been spotted. In a sense, Anglo Irish Bank was almost a monoline bank. It had a very heavy involvement in the property sector and although it had a wealth management division, most of the clients in the wealth management division were involved in the property sector and the two were closely linked. I had known Anglo Irish Bank a little in its early days, when it was quite an impressive operation. It was decided, at various points, that diversification was needed. Having become heavily involved in property in Ireland, it diversified to become heavily involved in property in the UK. Having done this, it diversified again and became heavily involved in property in the United States. It seemed that there was a business model that, from the outside, should have appeared a little odd to a regulator. I do not find any evidence that the regulator-----

At Davos it was declared the most successful bank in the world.

I will make a quick observation. Anglo Irish Bank was reckless in its lending, even leaving the regulation aside, and in its operation. The regulator had much to answer for but the bank was clearly reckless.

Mr. Alan Dukes

That is undoubtedly true and unfortunately, it was not alone. Coming to the latter part of the Deputy's comments, that people find it frustrating dealing with Anglo Irish Bank, our principal job is to recover as much as we can for the taxpayer from the bank's assets, including its lending assets.

I am not in any-----

Deputy O'Donnell, I will not allow any more interruptions, or it will be another six hour session today. Please let Mr. Dukes give his response.

I was making a point.

Mr. Alan Dukes

I thought I had six hours, Chairman.

We are going for a record today. We will do eight hours.

Mr. Alan Dukes

I must thank the committee for some very helpful interventions.

In dealing with customers, it is a little like being in politics. First, one must ensure one is getting the full story when one is in one's clinic. We take this very seriously. The bank has gone through a process of setting up what we call our GRMU or group recovery management unit. This is designed to help our borrowers to pay back as much as possible. We have been heavily involved - I envisage a great deal more of this taking place - in restructuring loans for customers of the bank. It is all designed to help us to work through the loan. Obviously, if we come across a case in which we can have a loan refinanced by another bank, we are very happy to do this. However, there have been a number of headline cases in which we we have been involved in restructuring loans. I am sure the Deputies are aware of some of them.

What about the ordinary relatively small ones?

Mr. Alan Dukes

This illustrates our approach to it. Some of the big ones show the approach we have taken. We will often conclude that it is not possible to attain full recovery of amounts outstanding on a given loan and we then look at the type of arrangement we can make to maximise what is possible to recover from it. To do this we need to keep a business going rather than stop it. There are cases in which the difference between full recovery and what will be possible is just too big and the bank must take a different view.

I cannot give a generic answer to the Deputy's question. Our first instinct is always to find a way, whereby we can help the customer work through the loan in order that we are continuing to have a recovery.

Mr. Jim Bradley

It is also important to realise that ours is a wind-down organisation. Therefore, we are not engaging with new clients and we are restricted in any lending we do. Consequently, we do not have capacity to go ahead and grow the balance sheet. We have targets to hit in terms of our deleveraging as part of the EU plan; therefore, it will not be easy. As the chairman said, if we need to go ahead and invest to get more money back, there are limited avenues for us to do this, but we are restricted in what we can do.

It is like putting air in the tyre in order to drive the car out of the hole.

I welcome the delegates. I must start on a negative note. I am disappointed that Mr. Dukes does not have a piece of paper with the figures he cited in his presentation to the committee which asked him, in his capacity as chairman of Anglo Irish Bank, to make a presentation in writing to it. It is disrespectful to the members to be asked to absorb the data and figures he has outlined without giving us a paper. AIB, Bank of Ireland, the Financial Regulator and the Governor of the Central Bank were able to do this. Anglo Irish Bank is absorbing over 20% of the State's GDP, which is regrettable. I understand the delegates are busy; we all are, yet I still had to do my homework before coming to this meeting.

There are plenty of people in the bank who could have given a presentation with the type of detail, facts and figures the committee deserves to have. I am sure no chief executive officer or chairperson of a bank would stand in front of his or her shareholders and give the audited accounts verbally. We are not doing this on our own behalf. We have been elected by the people, as Mr. Dukes knows, as a former politician. It is just outrageous. In fairness, the figure is €30 billion and we at least deserve a piece of paper with the data Mr. Dukes presented. I am genuinely disappointed. I hope his presentation will be circulated to members of the committee as soon as possible. It makes it difficult to tease out the information he presented when we are bombarded with figures and cannot refer to them on a piece of paper.

I will begin by asking about Mr. Dukes's comments on the cost to the State of the bailout of Anglo Irish Bank. Without going into too much detail on whether it will be €25 billion or €29 billion, Anglo Irish Bank requires a sum in that region to keep going and pay off its creditors. However, the cost to the State is way more than €25 billion or €29 billion. The Department of Finance has estimated that the promissory note will cost approximately €44 billion. As we do not have that type of money to give to a bust bank, we must borrow it from the international markets in the next ten years and it will cost us €44 billion. Will Mr. Dukes confirm that he agrees with the figures outlined by the Department of Finance? Will he, please, refrain from saying the cost of Anglo Irish Bank to the State is €25 billion, €29 billion or €30 billion when the real cost is a great deal more, at approximately €44 billion? Obviously, it might go up or down with lower interest rates and different events in the markets, but it is nowhere near €25 billion. Will he outline the position to the committee?

Can Mr. Dukes inform the committee about the highest payment to an official within Anglo Irish Bank? We have been discussing this issue with the other banks also. I refer to their salaries and any top-ups for any purpose. What is the total amount the highest paid official in the bank receives? Is it within the limit set by the previous Government which I believe is too high? How many of the top 50 people who were working in Anglo Irish Bank and the Irish Nationwide Building Society before 2008 are still working in some capacity within the banks or are receiving remuneration from them? Perhaps he might give the committee the most detail he has in that regard.

The issue of the Anglo Irish Bank promissory note is something I have raised with the Minister for Finance and the Governor of the Central Bank and we must find a way to deal with it. My party's position is that we simply would not pay the money. Will Mr. Dukes outline who the creditors are? How much money is owed to the ECB, the Central Bank and other creditors and bondholders, broken down by category? Mr. Dukes has dealt with subordinate debt, but will he also deal with unguaranteed senior secured debt? Is there a way, speaking hypothetically, to limit the initial damage the promissory note will have on the economy? Is there a way of restructuring if, for example? The bank owes a great deal of money to the European Central Bank and the Central Bank as a result of the liquidity arrangements. In whose pocket does the promissory note of €3.1 billion that we pay every year end up? Is it that of the ECB or the Central Bank? Is there a way of restructuring this loan? Instead of paying it over a ten year period, for example, could we enter into negotiations with the ECB to have an extend and pretend policy similar to that which has been used in banks in America? It could even be extended over a 30 year period, reducing the Exchequer deficit this year by €2 billion. Can such solutions be examined? Has the bank looked at any of them?

On the money secured in relation to burden sharing and subordinate bondholders, what effect could it have on the payment of the promissory note in March 2012? Is there any possibility of forgoing the note as a result of the €3 billion secured, which is additional capital?

Mr. Dukes has said he will do what the Government tells him to do on burden sharing with senior bondholders. Would it be beneficial to the interests of Anglo Irish Bank if there was burden sharing with senior bondholders? Would it make the winding up of the bank quicker? Would it be desirable in the view of the bank's board that the Government pursue that policy? Since the audited accounts of 2010, what is the up-to-date position on outstanding debt owed by Anglo Irish Bank to bondholders, other banks, other institutions, the ECB and the Central Bank?

The other issue I wish to address has been raised in the public domain in recent days. Ernst & Young is being investigated for the auditing of Anglo Irish Bank's accounts for 2008. Mr. Dukes was a public interest director on the board of the bank at the time and one of those who endorsed Ernst & Young's findings for 2008. These findings were that the bank was profitable to the tune of €784 million and that 98% of the loan book was recoverable. The accounts were published on 20 February 2009. We found out later that year that the bank had recorded a loss of €12 billion, the biggest loss by a bank in the history of the State. Far from making a profit and 98% of loans being recoverable, an unbelievable loss was made and it was then placed on our shoulders. In the sequence of events, Lehman Brothers collapsed in September 2008, the bank guarantee was introduced at the end of 2008, Mr. Seán FitzPatrick and Mr. David Drumm resigned in December 2008, Mr. Dukes and Mr. Frank Daly were appointed as public interest directors on 11 December 2008, two months before the published accounts were released, which accounts stated the bank was profitable and that 98% of the loan book was recoverable. It was stated on page 24 of the accounts that the directors confirmed that, to the best of their knowledge, the accounts gave a true and fair view of the state of affairs of the bank and the group as of 30 September 2008 and the profit of the group for the year then ended. It was stated on page 28 that the directors confirmed that the auditors were satisfied the bank and the group had adequate resources to continue to operate for the foreseeable future and was financially sound.

Who signed the accounts?

Mr. Frank Daly signed them.

And who else? There were two signatures.

Mr. Frank Daly signed off on the accounts and the other directors-----

Could the Deputy, please, wrap up?

This is an important issue.

I do not disagree, but we allowed ten minutes.

Mr. Dukes endorsed the accounts and it was stated the bank would make a profit, was financially sound and that 98% of its loans could be recovered. Only one board member dissented from that opinion. In 2009, when the subsequent report revealed a €12 billion loss, did Mr. Dukes not think it was time to tender his resignation? He has told the committee that when he was appointed as a public interest director, at that point Anglo Irish Bank broke every prudential limit. Why then two months later did he sign off on accounts that indicated Anglo Irish Bank was sound?

Has the bank considered taking legal action against Ernst & Young for the errors made in presenting such accounts to the board? There is a legal case the bank should pursue against the auditors. When Ernst & Young tendered its resignation on 1 September 2009, it stated that, in accordance with section 185(2) of the Companies Act 1990, there were no circumstances connected with its resignation that it considered should be brought to the notice of the members and creditors of the company. The fact that the audited accounts were wrong by €12.7 billion was something it should have brought to the notice of creditors and members of the board. Has the bank any opinion on the letter from Ernst & Young when it resigned as auditor?

Why does Anglo Irish Bank continue to employ Ernst & Young as receiver? The owner of the Holiday Inn on Pearse Street had four loans, three of which were performing, while one was not. Anglo Irish Bank rang him to state it wanted full repayment of all four loans that day. It appointed receivers the same day. Although three of the loans were performing, Ernst & Young moved in as receiver, sacked the owner and then lost the Holiday Inn franchise in July because it was incapable of maintaining it, even though 62% of the custom in the hotel came through the Holiday Inn network. The value of the asset has, as a result, depreciated.

Why is Anglo Irish Bank appointing as a receiver a company that got it so wrong in 2008, a company that told the board that everything was fine and the bank would make a profit? It fooled the board into signing off accounts that stated the bank was viable, even after the bank had been nationalised. Did the penny not drop that there were questions to be asked on this? I am genuinely concerned about this. How many other companies, advisers or consultants which were giving advice or support to Anglo Irish Bank before 2008 are still under contract or have been awarded a contract since 2008?

On Mr. Michael Fingleton, his bonus and watch, a picture of this man surrounded by politicians still hangs in the Dáil bar. The Government Whip referred to him as the biggest gangster of all time. It was said there had been no correspondence with him since, but what other course of action does the bank have to pursue his bonus?

Mr. Alan Dukes

I regret the fact that I was not able to produce a written presentation for the committee.

Perhaps Mr. Dukes might make a written submission to the committee.

Mr. Alan Dukes

I will do so, if the Chairman wishes, but the record of this meeting will do it far better than I could. I know what I have to say will irritate the Deputy, but I cannot see why, given that he was so capable of reading the 2007 and 2008 annual reports, he would not have the same ability to read the 2009 and 2010 annual reports and the first half results for 2011, in which most of the information he is seeking can be found. There are specific pieces of information that I will ask Mr. Bradley to provide in response to particular financial issues raised by the Deputy, for example, on our creditors and the distribution of the liability of the bank.

With respect, perhaps Mr. Dukes might listen carefully to what I have to say. I will read out my question again: since the audited accounts for 2010 were published, what is the up-to-date position? I am not asking what happened, as we can all look at the reports. I am asking what is the position since the report was published. Bondholders are being paid off every week. Next week Anglo Irish Bank is to pay off a bondholder. On 2 November it will pay-----

Mr. Alan Dukes

There is a bond that matures in November.

There is a €700 million bond within Anglo Irish Bank which is to mature within the next two weeks.

I am sorry, Deputy, but we must not get-----

Mr. Dukes was trying to be a little smart. I want to rephrase the question-----

There is no need for the Deputy to be confrontational.

I am not. Since the report was published, what is the up-to-date position? As I have said, bondholders and creditors are being paid back all the time. I am seeking the most accurate information on the up-to-date position.

Mr. Alan Dukes

Creditors are being paid back all the time. I cannot undertake to give the Deputy a week to week account of what is going out of the bank. There is a limit to the amount of information we can put together.

Mr. Jim Bradley

The amount for public debt issuances is €6.4 billion, comprising €2.9 billion of unguaranteed debt issued by Anglo Irish Bank, €600 million of unguaranteed senior bonds issued by the Irish Nationwide Building Society and €2.9 billion of guaranteed Anglo Irish Bank bonds.

And in regard to the ECB and the Central Bank-----

Mr. Jim Bradley

There is €2.9 billion of guaranteed Anglo Irish Bank bonds.

There is €2.9 billion of unguaranteed bonds?

Mr. Jim Bradley

Correct. Some of these are private placements. We then have some large bond issues, the one in November being one of the largest.

What are the liabilities to the Central Bank and the European Central Bank?

Mr. Jim Bradley

We have just under €1 billion of deposits that we retained post the deposits transfer in February with Allied Irish Banks; the remainder, besides the public debt, is through the ECB or the Central Bank of Ireland. As we are not taking deposits in the market, we are reliant on State support in terms of these liabilities.

Does Mr. Bradley have a breakdown indicating portion of the Central Bank and that of the European Central Bank?

Mr. Jim Bradley

The figure is 98% for the Central Bank. The exact amount is probably less than €2 billion through the ECB.

Thank you, Mr. Bradley.

Is that because the Central Bank will accept promissory notes as security for the advances made, while the ECB will not?

Mr. Jim Bradley

There are certain securities the ECB will accept; it is what is and is not acceptable to it.

Mr. Alan Dukes

On reducing the figure - I hope I will not irritate the Deputy in saying this - to around €25 billion for what it will cost to deal with the wreckage left behind by the old Anglo Irish Bank, the Deputy wants to know if there is a way we can reduce this cost. To the extent that it is money borrowed by the State, there is a cost but it is accounted for in the Government's accounts; it is not part of the bank's accounts. I am not trying to evade responsibility for it, but-----

The cost to the State is not €25 billion but more like €44 billion, as Mr. Dukes has acknowledged.

Mr. Alan Dukes

That is a question the Deputy must raise with the Minister for Finance, the Central Bank or whoever the appropriate authority is. I am talking about the funding that flows in and out of Anglo Irish Bank and the amounts we can recover from our assets in the markets to cover the deficit. If there are different ways of doing this, without wishing to deflect the question, the Deputy will have to ask somebody else about the matter. I am the user of these funds; I am not their generator or provider. If there is another way, it is somebody else's business to do it. It is the Government's call, not mine. To that extent, I regret being the user of funds, but that is my function in the matter.

The Deputy asked a whole series of questions related to the 2007 and 2008 accounts-----

Before we deal with them, I take the point on the extension of the promissory note or restructuring, that it is a Government-ECB-Central Bank issue. On the subordinated debt of €3 billion-----

Mr. Jim Bradley

To clarify, the numbers I gave were all for senior bonds. We only have $200 million of-----

I know. I am talking about what is happening in terms of burden sharing with regard to subordinated debt. The State promised a sum of €29 billion to Anglo Irish Bank in the form of promissory notes, a sum of €2.9 billion or €3.1 billion on 31 March each year for the next ten years. Am I correct in saying any savings in respect of subordinated debt will be taken off the bill in ten years time? Please God, by that time we will all be out of this mess, the deficit will not be as bad and we will be able to get back into the markets at appropriate rates. Even without the restructuring of the promissory notes, given that the subordinated debt has gone through a process of burden sharing, can the money be used to reduce the 2012 payment?

Mr. Alan Dukes

In fact, about half of the benefit of the subordinated debt operation was included in the accounts for 2009; the second liability management exercise was undertaken with the 2010 accounts. If we manage to undertake such an operation, we will have done all we can on the issue of subordinated debt. As it has been included in the accounts of the bank on a current year accounting basis, we have already received credit for it. To the extent that it alleviates the position in the bank, it reduces in that year the drawdown from the Exchequer on the promissory note or the funding of an external authority to run the bank and meet the payments we have to make. We include it in the accounts in the year in which it happens.

Will the 2012 drawdown on the promissory note be the same as that for 2011, or will it be reduced as a result?

Mr. Jim Bradley

That is correct. The promissory was given to us at the end of 2009 and is included in the accounts. Any cash flows reduce the liability. Therefore, it is amortising in order that it will not be above it in ten years. It extinguishes itself over a period.

Mr. Alan Dukes

There is a flow. The other issues the Deputy raised had to do with the accounts for 2007 and 2008. It was not untrue to say in 2007 and 2008 the bank made a profit as reported. It did make that profit. The issue that arose in connection with the presentation of the accounts did not have to do with the profit figure shown. It looks extremely unwise to have said when those accounts were presented that 98% of the bank's loans were performing.

Did Mr. Dukes believe that at the time?

Mr. Alan Dukes

That had to do with events that took place prior to my arriving on the board of the bank. They were the accounts for the year ending on 30 September 2008.

Mr. Dukes was there for two months.

Mr. Alan Dukes

Yes, but I arrived formally in December. One of the first things the new board did, as mentioned in my presentation, was to take a look at the bank's provisioning policy, because it quickly became clear that the kind of provision that had been made in the 2007-08 accounts did not really bear any relation to the market picture as it appeared to us at the end of 2008. I remind Deputy Doherty that both the general and the specific provisions the bank made in the 2007-08 annual accounts were presented then as being the strongest provisions that any Irish bank had ever made. Objectively, that was true and people at the time were taking credit for making a very big provision.

However, they had broken every prudential rule.

Mr. Alan Dukes

They were outside prudential rules, as I have said. That provision being made, when we came to look at the situation prior to nationalisation, we felt we should look again at the bank's provisioning policy. At that point, after the study carried out the previous autumn by PricewaterhouseCoopers of the situation in the banks, we felt provisioning policy needed to be looked at again. However, at that point - this was true up to and for a period after the nationalisation - it was believed that a recapitalisation of €1.5 billion would be required to keep Anglo Irish Bank on a sound basis. We caused a re-evaluation to be done within the bank of provisioning policy and that came to a conclusion in March 2009 that to achieve the objectives of the recapitalisation envisaged then would require €4 billion rather than €1.5 billion.

I hope I am not revealing State secrets when I say this but, when we came to that conclusion, we said that as of that time it would require €4 billion to recapitalise the bank adequately to deal with the objectives that existed and that there was a serious downside risk. I cannot remember the exact figure we put on it - for every 1% fall in property prices there was a downside risk of "X". However, we did indicate that downside risk and informed the authorities immediately on clarifying that conclusion. I think there was a feeling on the part of the authorities at the beginning that we were saying it needed €4 billion rather than €1.5 billion so that we would get a big chunk of money and get comfortable. In fact, what we had said was that it required €4 billion, with a big downside risk on it. When the first shock of that had passed, we were asked how come that at the end of March it was €4 billion when it was thought in January that it would be €1.5 billion. Our reported conclusion was that there had been a continuing slide in property market prices from September, the end of the 2007-08 accounting period, until December, but that prices had literally fallen off a cliff in the first quarter of 2009. That was a big part of the explanation for the deterioration. As it turned out, even that figure turned out to be an underestimate, because property prices were still falling; they were tobogganing down a hill and rapidly got worse.

I do not want a whole history of what happened. This is very simple.

I do not wish to be awkward, but it has been 30 minutes since the Deputy started his contribution.

It is a "Yes" or "No" question.

Please do not interrupt. I am not trying to be confrontational, but it has been 30 minutes since the Deputy started his contribution and there are a number of other members who would also like to contribute. I have not stopped the Deputy's previous interruptions and have allowed him plenty of space to make his contribution.

I appreciate that. I am trying to be helpful in asking Mr. Dukes not to give us the chronology of what has happened. It is a simple question. The signing off or endorsement of financial statements is a serious matter for a board of directors. It is a "Yes" or "No" question. On 20 February 2009, when these financial statements were published, did Mr. Dukes believe that Anglo Irish Bank had adequate resources to continue to operate for the foreseeable future and was financially sound? Did Mr. Dukes believe that statement?

Mr. Alan Dukes

Yes. It was not at all untrue as of 30 September 2008 to say that in the previous year Anglo Irish Bank had made a profit of the amount mentioned by the Deputy.

It was completely untrue to say that it was financially sound. It was not; it was bankrupt.

Mr. Alan Dukes

That was a statement made in respect of a situation that existed before I joined the board of the bank.

Mr. Dukes made the statement.

Mr. Alan Dukes

One of the first things we did after I joined the board of the bank was to re-examine the provisioning policy of the bank to find out whether the situation that pertained at the end of September 2008 continued to pertain, and the answer was a definite "No".

I put it to Mr. Dukes that one of the first things he did in the public domain, eight weeks after joining the board of directors, was to sign off on the set of accounts saying the bank was financially sound.

I must ask that we move on if Deputy Doherty makes any more interruptions.

Mr. Alan Dukes

I have absolutely no qualms that as a director of the bank in February 2009, I signed off on the accounts that had been prepared for the 12-month period to the end of September 2008 that made the statements they made. I have no qualms about that.

Mr. Alan Dukes

The Deputy would have done the same thing in my place.

No. At least there was one board member who abstained from that decision.

I must stop Deputy Doherty and ask Mr. Dukes to finish answering the questions. We have too many members who need to make a contribution to allow one member have half an hour.

Mr. Alan Dukes

This is unsatisfactory in a way. The accounts as signed off gave a true picture of the profit and loss position in the bank for the accounting year 2007-08. The statement that 98% of the loans were performing might well have been true at the end of September 2008, but by the time we got into the early part of 2009, it was no longer true, because property markets had continued to slide. Although we came to the conclusion by the end of March 2009 that the provisioning policy of the bank needed to be modified, we still had not appreciated the full extent of the decline in property market prices and the effect that would have on the bank. Every year since, one of the most detailed questions the board has had to deal with when signing off on accounts has been the onerous business of deciding whether we could certify that the bank could carry on as a going concern. We have come to that conclusion each time and it has been a matter of detailed and nit-picking consideration to do that. I can understand the Deputy's dissatisfaction, but I have answered the questions he raised.

On the rest of the questions -----

I am sorry to interrupt, but unfortunately a vote has been called in the Dáil and we must suspend. We will return after the vote.

What is the order after we return?

Deputy Broughan is next, followed by Deputies Barrett, Mathews and Humphreys.

Sitting suspended at 3.40 p.m. and resumed at 3.55 p.m.

While we wait for Deputy Broughan, perhaps Mr. Dukes might like to make a further comment.

Mr. Alan Dukes

Deputy Doherty raised a question about the auditors of the bank at that material time. All I feel able to say is that in the normal course of events, we put the contract for auditing the bank out to tender in 2009. A different firm was awarded the contract for subsequent annual reports.

Deputy Doherty also asked how many of the top 50 staff currently in the bank had been there before 2008. Did he have levels in mind? I cannot give an answer off the top of my head.

The question was the reverse. How many of the top 50 people in 2008 are currently working in the bank?

Mr. Alan Dukes

Could the Deputy think about giving me a level of staff down to which we will go? I will come back to the committee with the answer to that.

I presume Mr. Dukes has a tiered structure within the bank. Looking at that tiered structure in 2008 and at the top 50 there, how many of them are now gone and how many are still there?

Mr. Alan Dukes

I will come back to the Deputy with an answer on that. However, as I said at the beginning, the top level of management in the bank was completely changed in 2009. I would hate for any construction to be put on that answer which would indicate that any person who has left the bank since 2008 was in any way under question. I would hate for a general construction to be put on that, as it would apply to quite a number of people who have left the bank for different reasons since then.

I have just one final question. What is the highest remuneration in the bank?

Mr. Alan Dukes

The highest paid person in the bank is the CEO, whose salary is a little over €500,000. That figure was agreed by the then Minister for Finance, the late Deputy Brian Lenihan, at the time he was appointed. He sanctioned this on the basis of his own implementation of the CIROC report. As has already been reported, the CEO also had a car allowance. He had a rental allowance for a given period to take account of the fact that his family was still in Australia and he was maintaining two households. That will come to an end. Allowance was made for a number of trips back to Australia as part of the package that was negotiated. The whole package was submitted to and agreed by the Department of Finance. I can confirm that since nationalisation, no bonus scheme of any kind has operated at the bank.

There was an earlier question about whether there was any hangover from previous deferred payments, on which I have agreed to notify the committee later. From 2009 on, those who work in the bank have been paid their agreed salaries and some minor other payments which have all been reported in response to a previous question from Deputy McGrath.

Is the CEO within the cap now? That package has a value of €800,000.

Sorry, Deputy; I am moving on.

I welcome Mr. Dukes, my former colleague in this House, and his team to the committee. I would like to follow on from a couple of points made by Deputy Doherty. Looking at the 2011 report, I noticed Deloitte is now the bank's auditor. Did it run a competition for that position? I was not sure, between the interruptions and so on, whether Mr. Dukes actually answered Deputy Doherty's question about Ernst & Young. As reported today in the media, the report of John Purcell, who was a great Comptroller and Auditor General here for many years and who was appointed by the Chartered Accountants Regulatory Board, CARB, to conduct a special investigation, seems to indicate that action may be taken against Ernst & Young on a number of serious matters. If it was found that Ernst & Young had a major case to answer, would the bank seek to recover some money by suing the accountants?

Mr. Alan Dukes

The answer to the first part of the question is "Yes." In 2009, we opened the provision of accountancy services to tender. There were a number of applicants and the bank went through the usual process of reviewing the tenders and awarding the contract, ultimately to Deloitte. As the Deputy has pointed out, CARB is currently undertaking an examination of the firm that was the auditor in 2007 and 2008 and it would be inappropriate for me to say anything in advance of its conclusions, whatever they may be.

If they were negative about the auditors, would Mr. Dukes take it seriously?

Mr. Alan Dukes

I will not speculate about that. We will have to wait and see what the outcome is.

Mr. Dukes can understand, in the context of some of the other answers, that we are representing people, as he once did, who are facing bills of up to €40 billion for this disastrous business. People are upset and angry about it and want a day of accounting by the executives who carried on in a way that was so damaging to this nation. Can Mr. Dukes understand that?

Mr. Alan Dukes

Of course I understand it. However, we are talking about an investigation by another body that is currently under way and it would be wrong of me to make a comment that could be prejudicial to any of the investigations being carried out. I must reserve my position on what the bank would do upon the outcome of any of those investigations. The Deputy might remember that I made myself unpopular with the Office of the Director of Corporate Enforcement at one point for voicing the opinion, which I still have, that I would very much like all of these investigations to be concluded, because the obligation to deal with what we call "legacy issues" in the bank is quite onerous in terms of the amount of staff time required and, frankly, gets in the way of our doing business because it is always a distraction when it comes to talking about issues in the bank. I would love those investigations to come to whatever conclusions they are going to come to so that we can definitively deal with them.

I notice, again in the 2011 accounts, that Drury Communications is still a consultant to the company. I am not sure - I could have missed something during the interregnum period - whether the bank is still using agents it used before, in late 2008.

Mr. Alan Dukes

The answer to that is "Yes." It would be wrong to assume there is anything questionable or wrong about any of the other external people we use.

Is it not the case that there was a culture, as we spoke about yesterday in connection with AIB, that was not in the interests of this country? Anglo Irish Bank created this culture more than any other bank. Surely everybody who was involved in that enterprise must now be open to question.

Mr. Alan Dukes

I will not be part, although I am sure the Deputy is not attempting to do this, of any suggestion that casts a blanket of doubt over professional firms that provided advice to Anglo Irish Bank at any time in the past. There are questions about some, but it would be entirely wrong to cast a general doubt over professional firms that gave advice. We use advice from a great many professional firms and we have drawn attention to it in the mid-year report for this year, as well as in our annual reports. There is a requirement for a good deal of involvement by outside firms in the financial, legal and accounting sectors, for a whole series of reasons, and it would be entirely wrong to say anything that could be construed as a general casting of doubt over the integrity of those companies.

I would like to ask another question about the bank's most recent accounts, to the end of June. I notice they refer to defined benefit and possibly other pension schemes. Is it the case that moneys are still being paid to some of the 50 senior people, including Mr. Drumm and Mr. FitzPatrick, through the schemes mentioned in these accounts?

Mr. Alan Dukes

A number of former employees of the bank participated in a defined benefit pension scheme. This has now been terminated, but the people who were part of the scheme are still being paid their pensions on that basis.

Does that include the former chief executive and executive-----

I draw the Deputy's attention to the long-standing ruling of the Chair to the effect that he should not comment on, criticise or make charges against a person outside the House or an official by name. I ask the Deputy to adhere to this.

I am just asking if payments are still being made to these people.

Sorry, Deputy-----

I asked a similar question.

Are payments being made at this time?

I ask the Deputy to appreciate the rulings of the Chair.

I do appreciate them. I am just offering my opinion to the committee.

There is no need to.

I have not challenged the Chair's ruling at all. I believe it is a genuine question.

The Deputy has been indulged more than enough today and I would appreciate it if he would listen to the Chair.

Mr. Alan Dukes

There was a defined benefit pension scheme in the bank, which was closed down at a certain point. There are a number of people who are contractually entitled to defined benefit pensions under that scheme and they will continue to receive payments for as long as they are entitled to them. It was replaced, later on, by a defined contribution scheme. The Deputy knows the circumstances of all these things. Yes, there are former employees of the bank who are still being paid pensions under the defined benefit scheme.

At the highest levels?

Mr. Alan Dukes

At whatever level. There were people at different levels in the bank who participated in that scheme.

Mr. Dukes mentioned, with regard to Mr. Drumm and Mr. FitzPatrick, that his own actions against them have to some extent been frozen.

Mr. Alan Dukes

Mr. Drumm.

Yes, Mr. Drumm. Has he thought of taking action against Mr. Drumm in the UK or in any other jurisdiction?

Mr. Alan Dukes

We had initiated an action against Mr. Drumm in this jurisdiction which was effectively established in the circumstances I outlined by the action in the United States. If our objection to the course of action that is being followed in the United States is upheld it will allow us to re-open the action we initiated in this jurisdiction.

It is astonishing that we may have to depend on another jurisdiction to come to terms with this gentleman's behaviour.

Mr. Alan Dukes

It is and I find that an unsatisfactory situation. However, given that he travelled to and resided in the United States and applied for the protection of bankruptcy law in the United States jurisdiction, if we pursued our action here we would have been in contempt of the court in the United States and that would have created another difficulty for us because we have an operation in the United States.

Within days of Mr. Dukes becoming a public interest director for the State in the company he became aware of re-financed loans. What steps did Mr. Dukes take immediately? We held the debate many times about what responsibility directors of State companies have, including when Mr. Dukes was a Minister. I sat on the Committee of Public Accounts for eight years. What steps did Mr. Dukes and Mr. Frank Daly take to try to protect the public interest when they became aware of the shocking behaviour of the chief executive or the executive chairman?

Mr. Alan Dukes

The first step we took led directly to the resignation of the then chairman. The next step we had to take had to do with a consideration of the way in which we would report on the loans in question. Our principal concern was to secure a full and transparent accounting and disclosure of what was going on.

Did it occur to Mr. Dukes to simply go to Mr. Paul Appleby, to go to the nearest police station or to go to Harcourt Square and bring this matter to the immediate attention of the Garda Síochána and the Director of Corporate Enforcement?

Mr. Alan Dukes

We were bringing it to the attention of the public in general by disclosing the matter of the accounts. The initiation of any other action followed quickly after that by the ODCE and the Garda bureau of fraud investigation, which moved-----

Did the two public interest directors initiate that?

Mr. Alan Dukes

No. The ODCE and the Garda initiated it.

I am not trying to stifle the debate but we are not into a to and fro conversation.

The time will come when, hopefully after 27 October, this committee or the other committee will be asking precisely these questions. We will have the man himself here before us.

I know that but I would appreciate if you would ask the questions and then allow for a brief supplementary question only. The way the committee-----

I respect the fact that other colleagues have waited all evening.

I am sorry Deputy Broughan, I am not being awkward. This is the normal way the committee works. You ask questions and when they are answered you are allowed to ask supplementary questions. I am allowing this because it is good for getting the information but please keep it brief.

I have one final question or general point before I pass over to my colleagues. I always had the impression that in the first year or year and a half of Mr. Dukes's tenure as chairperson of this organisation he had a different plan for Anglo Irish Bank up until the early part of this year. The Government came in and basically decided to turn the zombie bank into a warehouse. Does Mr. Dukes regret that? As far as I could see, he had some sort of plan to try to carry on business in a given way. I am unsure but perhaps Mr. Dukes believed he could recover more of the public's money. Does Mr. Dukes regret the fact that it has been closed down? Was I right about that?

Mr. Alan Dukes

Let us consider what actually happened. It was the case that for a time we held a different view of what should be done. As required, we produced a restructuring plan for the bank in November 2009 that was submitted to the European Commission and which the European Commission rejected. I understand why that happened and I readily admit that at the time we produced the plan we had not come to a full appreciation of the full effect of what had happened in property markets.

We produced a follow-up to that plan in May 2010 involving a plan to separate the bank into a so-called good bank-bad bank. We believed that would be a viable option. In proposing that plan we reviewed a series of options that ranged from immediate liquidation of the bank on the one hand, to the good bank-bad bank proposal on the other. I believe we gave what was then a fairly accurate assessment of what the effects of each of these courses of action would be. We recommended the good bank-bad bank split, it was supported by the authorities and it was the plan put to the European Commission. The European Commission rejected that plan, the reasons for which I cannot go into in detail about because we were not privy to the discussions.

I will probably annoy some people in official Ireland when I say as much but I found it rather odd that the bank which had produced the plan was not directly involved in any discussions with the European Commission. I still find it rather odd that in examining these issues the European Commission seems to operate on the basis that the normal rules of competition apply in the banking sector despite the fact that every Government in the European Union is intervening heavily in the banking sector. That is another day's work and I dearly wish to have that discussion with the European Commission. It would be more controversial than some of my discussions with this committee. Nevertheless, that was the position when we produced the plan and it was rejected.

In September last year, the Government produced a new variant of a plan, which was to split the bank into what was termed a funding bank and an asset recovery vehicle. I never believed that would work and the Government dropped it rather quickly. In the end it concluded that it would turn the bank into an asset recovery vehicle. Afterwards we transferred deposits and NAMA bonds to Allied Irish Banks and then the Government transferred a large portion of Irish Nationwide Building Society into this new entity and that is the position now. I hope that in policy terms we have reached a steady state and that we will get on with the job we have now. I am not convinced that the plan we put forward in May 2010 would not have worked but there is no point spending any energy on it at this point.

I refer back to the previous question about the loans. To be fair, when that issue emerged it was flagged to Frank Daly and myself by the then chairman as one of the issues that needed to be dealt with in the preparation of the annual report in terms of disclosure. It emerged quickly that it was a more serious issue and it led to his resignation. Our first concern then was to make the best provision we could make about full disclosure of the issues. That was our first concern for a publication that was due to come out by February or March of the following year. By the time we got to issuing the report the Director of Corporate Enforcement and the Garda bureau of fraud investigation were on the case and had initiated their action.

I put my questions to Mr. Dukes as someone who was a politician, who was acting as a public interest representative and was put into the banking system because he had been a public representative. I assume he was chosen to examine it and oversee policy because he was not from the banking system.

I accept Mr. Dukes is working within the parameters set down by the Government and the European authorities standing behind it to deal with this. I am not in a position to question how well or badly he is doing the job. I take at face value what he said, namely that he is just working within those parameters and doing the best he can to wind down the bank and recover what he can from the situation.

However, he is a former politician and was put in the position as a public representative. Following on from the comments of Deputy Broughan, that puts him in a slightly different position to the other bankers we have talked to. There is public desire for an analysis from the perspective of the public, in the public interest, of what happened and how it happened in order that it might not happen again. That is what people want. I will ask some technical questions shortly.

Mr. Dukes said all the banks broke all the prudential rules in terms of lending. Anglo Irish Bank was leading the charge in the Irish banking sector in that regard. A major question is why they all did it. In his comments on accounting and auditing firms, Mr. Dukes said earlier that we should not throw doubt over all of them and their capacity to do the job. If we do not ask a blanket question of them, the banks and the people who run them, one wonders what one is left with in terms of an analysis of why this happened, who was responsible and how we prevent it from happening again.

In Mr. Dukes's opinion, having examined the bank, is it just about individuals and bringing criminal proceedings against those who behaved greedily or in a negligent way, or both? A very unhealthy relationship seemed to exist between Anglo Irish Bank, the Regulator and, one might argue, the political system. Was it greed, stupidity or a combination of both that led to the problem?

If everybody was doing it and Anglo Irish Bank was leading the charge - the Nyberg report refers to the "herd mentality" - it raises fundamental questions about how banks, politicians and regulators all went along with the herd. We still do not have an explanation as to how the herd mentality among highly paid bankers, politicians, regulators and so on developed. They brought the country careering towards a cliff and nobody spotted it. The people want some answers about that.

Some individuals have to be taken to task but there is something bigger at stake. Can Mr. Dukes provide a viewpoint on that? It relates to a comment he made in passing about the fact the European Commission seems to think the banking sector should be treated as if normal rules of competition still apply when states are intervening all over the place to prop up the system. We are paying the price for that. It is very worrying.

Mr. Dukes may say I am taking an ideological position but the question has to be asked. One explanation for the herd mentality is competition. The Bank of Ireland and AIB mimicked Anglo Irish Bank because they felt they had to compete. That was the way it worked. Mr. Dukes told us European authorities are still saying that is how the banking system should operate, even though states have had to intervene in it.

We have to ask fundamental questions about how an ideology led to this mess. It may have encouraged or facilitated individual greed, but it was an ideology that said it is okay to deal with the surplus wealth of society which the banks hold through competition, speculation for profit and all the rest. That is what led to the mess and it is what we have to begin to question.

I have not formulated my point very clearly but it seems to me there is no clear analysis of the bigger picture of how this happened. The reason I raised this issue is now the same herd, comprising many of the same people who were in situ, has moved from promoting speculation in property to austerity as the way to deal with the current situation. One was told to commit suicide if one questioned the way the economy was moving and now if one questions the austerity consensus the herd is pursuing one is considered to be equally off the wall.

The herd took us one way which led to disaster and is now moving in the opposite direction. Some people, most notably the UN committee on trade and development, are now saying the herd is moving in another disastrous direction in terms of austerity which will have detrimental effects for the possibility of economic growth and recovery. As he has looked inside the bank, I ask Mr. Dukes to comment on the reasons why it did what it did, how it became caught up in the nexus of banking and how it moved in that direction.

Does Mr. Dukes think criminal proceedings should be taken against people who were in key positions in Anglo Irish Bank at the time of the crash? The people of this country would like to see individuals held to account if they engaged in criminal activities or negligence because we are picking up the tab for it.

There are slightly more technical questions about the cost to the public of the bailout of Anglo Irish Bank, in terms of the figure of €30 billion and the bondholders. I would like to hear the opinion of Mr. Dukes. He said the decision whether to burn bondholders is one for Government and is not within his remit. That is the deal to which we have signed up with the troika to continue to fund the State. As a public interest representative, what does he think about that?

Does Mr. Dukes consider, as a public interest representative, it is a sensible demand by the EU-IMF that we should continue to repay the bondholders of Anglo Irish Bank? It seems to me Anglo Irish Bank is now just a machine to pay back the people who speculated in the Irish property market. Does Mr. Dukes consider that this is what we should be doing? I ask him to clarify how much money has, so far, gone into the bank and how much more money has to be put into it? This information will give the committee a sense of how foolish or otherwise it is to continue to prop up Anglo Irish Bank. How much will be put in over the period of the winding down of the bank?

I have asked this question of the other bankers. As a former public representative now working in a bank, does Mr. Dukes regard as appropriate - and after everything that has happened - that bankers should be in receipt of €500,000 a year? I refer to the chief executive officers of Anglo Irish Bank or any other bank which has been involved in the activities which have led this country to the current sorry pass. Should these bankers be paid 12 or 13 times the average industrial wage? I do not see the case for it, given the disaster of the banking system. It is difficult to see that anybody has any credibility in terms of the financial chaos that is gripping Europe and the entire global banking system. I do not buy the argument that we need to pay people €500,000 a year to get their expertise because there is no expertise on display that I can see, considering what has happened. As a former public representative I ask Mr. Dukes to explain to me how - I will not say a child could probably have done better because that would be a naive and simplistic view - having been a politician who is now in the banking system whether he really thinks we need to pay these excessive salaries for what we are getting or could people who are paid a lot less do just as good a job? From the point of view of ordinary members of the public, these people seem to be doing a pretty bad job.

Before Mr. Dukes replies and with the agreement of the members of the committee, Deputy Arthur Spring would like to ask two questions now because he must go to catch a train. Is that agreed? Agreed.

Mr. Dukes and I are like two trains passing each other. I have come from Anglo Irish Bank to the Oireachtas and Mr. Dukes has gone from the Oireachtas to Anglo Irish Bank.

I have a question about the transfer of assets by developers outside of NAMA. Some of these assets have been cash-generating assets. Will Mr. Dukes be pursuing the cash which has been generated from those assets, because I know he will also be pursuing the assets? I hope a list of these transactions will be provided to the committee at some point.

A great deal of property was bought in eastern Europe over the past ten years. There are problems with title on these properties. What are the implications for the bank and for NAMA? Could a situation arise whereby some of the properties will end up held in personal names, despite the fact that people are liable to banks and to NAMA for those properties?

Mr. Alan Dukes

I will begin with Deputy Spring's questions. So far as recovery of outstanding loans is concerned, whoever the persons are, where we see a difficulty in dealing with a borrower, if it is a difficult case and we are worried about recovery, we would normally try to get as clear and complete a picture as possible of all the assets available to the borrower. A great deal will depend on the terms of any given loan as to what is the bank's security. If a loan is written in a particular way, we may have recourse only to particular assets in order to recover that loan. If the borrower has other assets, they may not immediately be within our ambit as a bank to go after them. If, however, one goes down the bankruptcy road - which is something we prefer not to do - then the net can be cast wider.

It is not quite the bankruptcy road but more the fact that personal guarantees are in place and the fact of the transfers of these assets. In the case not only of the directors but also in the case of a small minority of borrowers, assets were transferred into the names of family members just to protect themselves.

Mr. Alan Dukes

Provisions exist in law to limit the extent to which assets can be taken out of an available pool but that depends on how the loan contract is written. In cases of bankruptcy, it depends on when transfers took place as to whether one can look behind the transfers and have assets brought back into the available pool of assets. As a general rule, we try to get as much recovery as we can by having as deep a reach as we can into whatever assets are there. This is in cases where we are going for straightforward recovery rather than a restructuring. However, even in the case of a restructuring, we would look to see what is the best deal we can do, in the context of all the available assets. I do not think I can give the Deputy a general rule about it because so much depends on the specific details of each case.

As regards title on properties in eastern Europe, or anywhere else for that matter, this is crucially dependent on the kind of due diligence done when the loan is written, as to the title the borrower has to any assets pledged as securities. This is an aspect which requires very careful attention on the part of all banks. There have been cases where we have encountered problems about title and also cases where Anglo Irish Bank and other banks have discovered problems in title in the process of the due diligence required to transfer assets to NAMA. A number of problems have emerged in this regard. I am not certain if one can say there is any particular regional bias but where proper searches were done when the original loan was being written, then this should not be a problem although some problems can emerge afterwards.

If I may make one suggestion, we are all aware that personal guarantees were given for the majority of loans in Anglo Irish Bank. If these assets end up outside of what the bank is able to claw back, I suggest the bank should use the personal guarantees because the people of Ireland are looking at these flamboyant lifestyles and they wonder how these lifestyles can be paid for. This needs to stop and the personal guarantees should be the avenue which the bank uses to go after them.

Mr. Alan Dukes

I note the Deputy's observation. Deputy Boyd Barrett has invited me to go down the speculative routes.

I am looking for an analysis of what happened.

Mr. Alan Dukes

I have probably expressed this very badly. I did not intend to convey that the European Commission's policy is that competition is the new herd mentality. What I was saying was that it seems to me that the competition directorate in the EU Commission is applying competition law as if we had a normally competitive situation in the banking sector. My own belief is that we do not have that because every government in the European Union is intervening heavily in competition.

One of the considerations the Commission has in mind when looking at restructuring plans for banks is a concern to ensure that banks being aided by the state or by public authorities do not gain an unfair advantage because of that state aid, in competing with other banks which do not benefit from state aid. It seems to me they are applying the kind of pluperfection of theoretical competition policy in a situation where in the markets, there are very few banks in the European Union which are not in some way affected by state aid or regulation provisions. I do not accept that we do not have a clear analysis of what went on. We have had the Regling-Watson report, the Honohan report, the Nyberg report and God knows how many other commentaries on the situation. It has been analysed to death. We know what went wrong.

Mr. Alan Dukes

In the euphoria of the expectation of unending growth, banks forgot about the importance of the risk function and prudential requirements, and they got burned for it. They acted as a lot of actors do, with a herd mentality, and the herd got it wrong. It is a fundamental trait of human nature that we tend to act as herds. We see that so often. In a given situation in the financial markets or commodity markets, a reaction may be perfectly rational from an individual's point of view, but if everyone does it, it can turn out to be a totally irrational herd reaction. That is a large part of what we saw in the property markets.

This connects to something Deputy Doherty said-----

Mr. Alan Dukes

Let me just say something else, because it is part of the argument. I will probably annoy quite a few people when I say this, but it has been part of the received Irish political wisdom for years - and people involved have succeeded hugely in it - that construction is good for the economy. That has been a mantra of much of the Irish scene for a long time. I have seen-----

It is good for the economy, if it is in balance.

Mr. Alan Dukes

I have seen umpteen examples. Back in the 1980s, when I was in the Department of Finance, I took the view that we had excessively generous tax incentives for construction of various kinds. I decided I was going to do something about it, but it was resisted by colleagues in Government, in my own party and in the Labour Party, and, to my utter astonishment, by the Irish Congress of Trade Unions. Everyone buys into the idea that construction is good for the economy. My view is that a healthy economy gives us a healthy construction sector, but if we get into the psychosis we got into during the 1990s and the 2000s, construction becomes so popular that investment in concrete and bricks and mortar crowds out other investment in the economy to the detriment of the balance that we had previously. As Deputy Mathews said, when we reach the point where construction amounts to 14% of activity in the economy, it has got badly out of kilter. That is what happened. The economy was excessively fixed on activities related to construction because of the old political mantra that construction is good for the economy. If we learn only that from the crisis we are going through, we will make some progress.

When I said the banks busted through prudential limits in 2008, I made it clear which ones I meant. They busted through prudential limits in terms of concentration by sector and by borrower. They were heavily overextended in property and to individual borrowers, whether they were individuals, companies or groups.

They also had badly structured balance sheets. They broke the prudential rules on fractional reserves.

Mr. Alan Dukes

It is the same thing.

No, it is not. It is different. It is another dimension.

Mr. Alan Dukes

They are related. That is what I meant by saying the banks had busted through the prudential limits. It was not spotted by any outside commentator and it did not seem to me to have been spotted by the regulators.

Can we prevent it from happening again? We can prevent this particular kind of thing from happening again. It is to do with the design of our regulatory systems. We need to consider the issue in relation not just to the construction sector but to other sectors. This is my personal opinion and I cannot claim any great authority for it, but I recently heard a senior banking regulation official from the European Union saying he had looked around at the practices of the banking sector to see what products it was offering and he had not found one that he would ban. I find that appalling. I might be naive, but I believe we need, for a time, a regulatory structure that states that a company may not put a new financial product on the market unless it has prior regulatory approval. Bankers hate that idea because they say it will kill all innovation in banking, to which I say they are right. It is designed to stop innovation, because innovation in banking has been bad for our economy. We have had people marketing financial products they and the buyers barely understood. Those kinds of loans, packages of loans and securitisation were part of the problem in the United States that led us into the problems we have had. We need to learn lessons on the regulatory side as well as on the practice side in banks in order to prevent the problem from happening again.

Not only that, but we need to do something that will prove much more difficult: to have a much greater concordance of regulatory practice between countries and currency areas. It takes time to change something substantial in a national regulatory system, but when we consider how long it takes to get an agreement in the Basel structure, for example, we see how long the process takes when a number of countries are involved. This is much wider than the issues related to Anglo Irish Bank, but since the Deputy asked, I have given my views. I apologise for burdening the rest of the committee with them, but there are things for us to consider.

The Deputy asked whether it is right to pay senior bondholders, which means paying back people who speculated in property. They are-----

The bank is being paid so it can do that.

Mr. Alan Dukes

They are not the same thing at all. Senior bondholders come in various shapes and guises. They include a range of people including entities that are obliged by their own prudential rules to look for certain kinds of investment that are rated. They include pension funds, people who manage asset funds on behalf of others, and depositors. They need certain minimum ratings for the things they invest in. There is often a great distance between senior bondholders, whom people seem to love to hate, and people who have been involved in property speculation. They are not the same thing, and to equate them does not advance the argument.

Banks do not hold the surplus wealth of society, as the Deputy claimed. What is surplus wealth? Banks hold and manage the resources people entrust to them. Whether it is surplus wealth or not, I do not know. However, the banks manage the assets that other people entrust to them. The other people to whom I refer are different kinds of individuals. It is not just a case of some notion that the surplus wealth of society is sloshing around in the banks, it can actually be today's bread and butter money for many people.

The Deputy inquired as to whether I am of the view that criminal proceedings should be taken. All I can say is that it is the business of other people to decide whether criminal proceedings are justified. It is not my call. As stated previously, I hope that all of the investigations currently taking place will soon come to a conclusion. I and others in the bank will then be able to cease spending a large amount of time dealing with legacy issues because such issues will be dealt with where they should be properly dealt with.

Today I am second last on the batting list. Normally I am third last.

I thank Mr. Dukes, Mr. Bradley and Mr. McGloughlin for coming before the committee. It takes stamina to reach this stage of proceedings. There has been a great deal of discussion and some details, technical and otherwise, have been provided. I have spent approximately two and a half years examining the balance sheets and loan portfolios of the six Irish-owned institutions. It was via the latter that they created the mess in which we find ourselves. The lack of professional behaviour in the banks is what led to that mess arising, with accumulating speed and during quite a short period.

On 16 July last year, Mr. Dukes probably received the biggest corporate hospital pass in history in so far as he took up the chairmanship of the bank. He took over from an executive chairman - his immediate predecessor - who had been in situ since Christmas 2009. This man had been on the board of the bank since the summer of 2008 following the resignation of the former chairman of the bank’s risk committee, Mr. Fintan Drury, on 29 June of that year. The individual to whom I refer is Mr. Donal O’Connor, a three-term managing partner at PwC. The latter provided advice to the previous Minister for Finance, his Department and the then Government in dealing with the initial trawl of the loan ledgers of the banks. The PwC report provided the foundation for the delivery of the NAMA construct on 16 September 2009, with indicative figures for passing by the Dáil of €77 billion in loans to be sold for €54 billion in NAMA bonds and consequent implied losses across the banking sector. The majority of such losses were not at that stage identified as lying in Anglo Irish Bank but the overall figure for them was €23 billion. That figure was pathetically low.

I do not want to spend time going over the forensics of this matter. However, after a major fire there is always a need for assessors to carry out a forensic examination. In this instance, such an examination was not forthcoming as recently as 30 September 2010, when the previous Government issued the cumulative losses, as a categorical top-out, at €50 billion. Three days later, some €7.9 billion of senior bonds in Anglo Irish Bank were redeemed in full. I was disappointed at the time because I felt that this transaction should have been placed on hold and that discussions should have taken place. That would have been an appropriate moment at which to engage in such discussions with the EU and the ECB. At that time, I and a few people for whom I have professional respect flagged the fact that loan losses would be well over €70 billion. I carried out a summary calculation and indicated, during a programme broadcast to which Mr. Dukes and I both contributed, that loan losses in Anglo Irish Bank would not be €21 billion or €22 billion but that they would be at least €32 billion and would probably climb to €42 billion. I was of the view that €72 billion in loans would result in approximately €30 billion of collections over a period and that, therefore, €42 billion would probably be the prudential requirement to write off. Coming at this matter from another perspective, Deputy Doherty stated earlier that if one has €31 billion or so in promissory notes and if one includes the interest rolled up over a period of ten years, then the final bill comes to approximately €42 billion. The Deputy's assertion provides a sort of cross-check in respect of the sums.

I wish to return to how all of this happened. It is not the case that Anglo Irish Bank was the only entity on the stage. Irish Nationwide Building Society was also involved. It may have been involved at a lesser level but it was equally incompetent in the context of asset creation and funding. Again, Irish Nationwide operated within crazy loan-to-deposit ratios for a number of years. It was a private fiefdom overseen by very few people. I commend the recently-departed managing director, Mr. Gerry McGinn, and his team on carrying out the damage limitation work-out within the society.

Reference was made to the group recovery management unit in Anglo Irish Bank. When I was dealing with loans, recoveries and restructuring in the 1980s on behalf of ICC Bank, we used to refer to our unit as the "damage limitation unit". I was of the view then that it was important to get motivation high, although it was not easy to do this. However, there are ways of addressing the work and of getting on with it.

Irish Nationwide had a balance of approximately €12 billion, of which €9 billion was in loans. As recently as August 2010 - only one year ago - when speaking at a university in Beijing, the Governor of the Central Bank flagged the fact that the loan losses in Irish Nationwide - acknowledged at approximately €2.75 billion - would need to be uplifted by a further €500 million in order to arrive at a final top-out. The €2.75 billion to which I refer was included in the €50 billion which the previous Minister for Finance indicated would be the top-out figure for losses. However, the Governor of the Central Bank indicated that a further €500 billion would be required, thereby bringing the final figure to €3.25 billion. Luckily, I did not embarrass myself in the company of others but I shouted at the television that it would be €6 billion. I was wrong because it was €5.9 billion.

The scale of the professional misjudgment whereby these loan portfolios were allowed to rise to, and remain at, levels where they defied financial gravity is the great tragedy in this matter. If one does not admit the scale of things after they have collapsed, then one loses ground in the context of deciding how to repair them. We lost so much ground that the ECB and the Central Bank - depending on who would take what documentation as security - were obliged to fund the six Irish-owned banks to the level of approximately €150 billion. Some €70 billion to €80 billion of this financed the redemption, in full, of senior bonds in the banking system. If the truth had been acknowledged, those bonds would not have attracted anything approaching that amount. That is the great tragedy.

It is important that Deputy Boyd Barrett referred to a number of issues. I credit Mr. Dukes with acknowledging the philosophical need relating to this matter, in addition to the need to consider the aspects of financial engineering and forensics. However, there was a lack of philosophical duty of care. The word "trust" was used and Mr. Dukes referred to an EU official with responsibility in the area of regulation stating that he has not found a product on offer here which contains faults. Financial obligations are bonds; they are relationships, not products. Depositors place their money in banks and financial institutions on the basis that they will be able to get them back and get a small return for leaving them at those institutions to be guarded and minded by prudential banks, boards and managements who seek to use those funds by identifying in the community opportunities to fund businesses and households who, in turn, enter obligations to repay those obligations. It is all about obligations and trust. That is why we are in a crunch at present in Europe and elsewhere in the world with banks not trusting one another on the interbank markets, as we speak, with one year Greek debt standing at 143%. That means people do not trust anything. They have written them off. With Switzerland pegging its currency and other things happening that could blow the system, we are here discussing what happened the deckchairs, how we can rearrange them, how we can get people to sit back up on them as the ship could well be going down.

I am not a merchant of doom but I hate when people in a group-think cannot recognise the facts, discuss them and, conversationally, deal with them. I find it frustrating that today I am the second last to speak and for the last four meetings I was third last to speak. Yesterday's meeting extended beyond six hours and I only got to speak at the end of it. I appreciate that, on a human level, it is not easy for our visitors to enter and engage in meaningful conversation and exploration of what needs to be discussed but it is in these situations that good ideas, commitments and architecture for doing the job of work at hand get discovered. That is why this process is valuable.

Every prudential rule was broken and that was a shame. Balance sheet rules were disregarded. Responsibility for this did not only involve regulators but big firm names whose headed notepaper was known globally. They were doing perfunctory work and getting familiar, complacent and fuzzy in the head when it came to signing off reports.

To share where the stoplight was moving in this conversation in the INBS, on 16 February 2009, the then chairman, who had been in that position for seven years and on the board for 14 years, resigned. Nobody was aware of it. What happened? He had been 14 years in a private financial fiefdom and turned what started off as a mutual organisation of savers and borrowers - who had the common experience of saving to show the ability to be disciplined about a monthly commitment which, on getting married, became a commitment to repaying a loan - into a fiefdom. That mutuality was lost. There was a €9 billion loan portfolio within an overall balance sheet of €12 billion, of which more than 80% of the €9 billion comprised a stable of 80 clients. There was a staff of 600 or thereabouts in the firm earning, on average, not an overly high remuneration bar a very small group at the very top of the organisation. The average salary of staff in AIB was approximately €52,000 in the year ended December 2008. It had 75,000 employees, 10,000 of whom were in Poland.

Deputy-----

This is important. These are the headline figures.

I am absolutely aware of what is important I just want to point out that the Deputy's contribution has been 15 minutes and he might like to put some questions to the witnesses.

I will not test the patience and forbearance of our visitors but I believe I am not over-taxing them and they can nod their heads if they agree. I believe they will agree that the content and the way I am sharing my thoughts is not in any way over-taxing. I would ask the Vice Chairman to allow me to continue for another three minutes.

If an institution has a loan portfolio of €9 billion and a staff of 600, to the nearest zero, that is €15 million per employee of lending, but the concentration of approval was in a very small area and it was a very expensive lesson.

It would be helpful if the people doing the challenging work of cleaning up, damage limitation, restructuring and recovery - and I invite Mr. Dukes, Mr. McGloughlin on behalf of the INBS, or Gerry McGinn if he is still on the team to do this - were to make suggestions about accountabilities and to carry out a review on a "no names" but helpful basis. For instance, the boards of the banks in the two years prior to the collapse owe it to the middle and junior management to apologise. They let those people down badly. They were good people, sidelined and leapfrogged because they did not join the herd. They were the people who, if the human resources so-called experts had spotted them, might have said there is character and strength there and there should be somebody there in a custodial and responsible role with a counter-balancing presence. It is wrong, as Deputy Broughan said, that for sake of optics, and it is for more than that - for a fundamental sake - that Drury Communications is still the first port of call if anybody wishes to discuss or consider any elements of the published accounts. It is stated, I believe, on page 2 of the published documents that if anybody wishes to make any inquiries or whatever regarding the published accounts they should phone Drury Communications in London, Dublin or wherever. That does not add up when Drury Communications were, to use that vulgar expression, cheerleaders for the roadshows looking for funding for Anglo in the period leading up to the collapse. Good sense indicates that there should have been a disconnect and some fresh blood brought in there. Fresh blood was brought in to manage risk, operations and lots of other things. Communications is the bridge between the bank and the people and it was the same old bridge. The ownership of Drury Communications has not been held for some time by Fintan Drury who was chairman of the risk committee. One wonders what sort of section or appraisal consideration went on in the bank to decide who got what jobs.

I will take it a bit further because regulation was mentioned. Less than a year ago under the previous Government five new appointments were made to the Central Bank Commission. My mother, who is in her 80s, asked very intelligent questions when she read about it in the newspaper. She asked:

Who proposed each of those names? Who seconded each of those five names? What appraisal or evaluation consideration or exercise was carried out for the said proposed and seconded names? What decision making process resulted in it and who made the final appointments?

She is the type of person who should be on the commission not necessarily any of the appointed people.

I thank the witnesses for coming in. This is a huge topic. They have a great deal of work ahead of them. I have been proposing that the promissory notes that were issued to plug the losses of Anglo should be part of a presentation to the ECB and EU. We should insist that in financial justice and in truth that the equivalent amount of those should be written off by the creditors of the bank because they arose from the funding lent by the ECB to the bank to redeem in full the senior bondholders who would have had to bear the losses.

I welcome the visitors. I recall that at 2.15 p.m. Alan Dukes referred to "unjustified criticism". That has been a theme on the days the banks have attended the committee. They still do not get it. The damage they have done to this country is incredible. It is the worst damage done by banks to any country in the world and Anglo Irish Bank is the worst bank. In the light of that, one could not say that criticism is unjustified.

That brings me to an article by Colm McCarthy in the Sunday Independent, in which he refers to ruinous banks that will not apologise or even explain. We did get something of an explanation in response to Deputy Boyd Barrett but it ended with the claim that banks got burned. However, then they burned us, the entire society, and did untold damage. There is a Central Bank estimate of €280 billion. Unemployment went from 4% to 14.5%. This is a disaster. It is strange that the banking community has not copped on to what it has done. The number of special needs assistants has been reduced, as have carer’s allowances. Banks should be in sackcloth and ashes for the damage they have done to this country and for not realising that even yet and being in some way surprised that they are such ogres. They have done appalling damage.

I read Simon Carswell's book. I have known and admired Alan Dukes for a long time, as we all have. He reminded us of his adjustment of capital expenditure in this country in the 1980s. He found that the capital investment ratio was huge and the resulting growth was minuscule. In his book, Simon Carswell outlined that on 7 and 8 December 2009 when Alan Dukes was appointed that he and Frank Daly had a quiet coffee together while reflecting on the previous day's seismic meeting with Seán FitzPatrick. They joked about what they might have got themselves into. It was reported that Alan Dukes told Frank Daly in an exchange that he recounted to colleagues that no one would touch them with a 40 ft bargepole after this. That was how toxic Anglo Irish Bank was and still is. I presume that is why the bank had to take the name down from its St. Stephen's Green headquarters. It is probably the most hated institution in the country because of the damage it has done and the resultant revival of emigration - hence, the criticism.

I was delighted that Alan Dukes did not go native but on page 268 of the book it is reported that he felt the bank needed to take a break from the past and be careful to reflect in the report that what it is doing now conveys what it was not doing before but that it was also important that it did not add to reputational risk. The bank could not have had a worse reputation. Alan Dukes should have gone in as an agent of the citizenry, blown it apart and shut it down.

At a meeting on 15 January 2009 the board members were given the option by Mr. Cardiff, who was heavily criticised, of nationalising the bank or liquidating it. Why was the option to liquidate not taken? Simon Carswell says it was hardly considered. I would like to see the board papers to find out why the liquidation option was not taken. We would be approximately €30 billion better off and somebody else would have to pursue Mr. Fingleton for his watch and personal loan and the taxpayer would not be involved. I never considered Anglo Irish Bank was a systemic bank. Brian Lenihan was misinformed or misled on that. It seemed to be a bank for about 18 people, and solely those involved in property, as Alan Dukes said. Why did we not liquidate the bank?

In addition to the minutes of the board meeting of 15 January 2009 I would also like to see other records. We are finding it very difficult to get any clarity from the banks about what happened in Government Buildings on 30 September 2008. I hope there is some way Mr. Dukes can help. I would also like to get a copy of his introductory materials. The committee will have to try to get to grips with that.

Did I hear correctly that Mr. Dukes told Deputy Doherty that in September 2008 a total of 98% of loans were performing?

Mr. Alan Dukes

No, Deputy Doherty quoted that from the annual report of 2007 to 2008.

If it was in the annual report do we not know that in September 2008 Mr. Dukes's predecessors were running around pleading with AIB to be rescued and trying to do a deal with Bank of Ireland and then going on to Government Buildings? It could not have been an accurate report.

Mr. Alan Dukes

I am sorry to interrupt the Senator but as I understand it - I was not there at the time - the difficulty the bank saw at the time was a funding one. It was not directly to do with the quality of the loan book. The bank was having trouble getting deposits and funding for the bank.

Yes, but did those involved tell Brian Lenihan when they went to him looking for all the money that 98% of their loans were performing? I am sure they did not. We are trying to get a grip on all of that.

Even the Financial Regulator, who is also heavily criticised in the book, has said that he regards the warehousing arrangements as unjustified and wrong. Soon after the election I made a presentation in the Royal College of Physicians to accountants. Many accountants are seriously embarrassed about the conduct of the accountancy profession in the circumstances. There is no need for us to defend them. I regret that it has taken the Chartered Accountants Regulatory Board, CARB, so long to deal with matters but it seems to me that accountants have a case to answer which opens up the prospect of their being sued for improper economic advice, as happened many years ago to Arthur Andersen. It was a much smaller matter than in this case but the client was awarded some £33 million. That was probably the end of Arthur Andersen as an accountancy company. We do have a right to know in cases where accountants engage in those transactions or give a misleading portrait of a firm which is then taken over by taxpayers who find that the cost is €30 billion for Anglo Irish Bank and €5 billion for Irish Nationwide.

I again call for the minutes of the board meeting of Anglo Irish Bank from 30 September 2008 and 15 January 2009 to see why the liquidation option was not pursued. I would like to know how many staff earn more than €200,000 and the bank's response to the CIROC report which seems to believe that pay in the sector should be up to €690,000. I would like to know whether PricewaterhouseCoopers or Matheson Ormsby Prentice are still working for Anglo Irish Bank. I would like also to get a comment on Project Stephen which reported on 31 March 2009 that €4 billion would not be unreasonable. The firm that conducted Project Stephen then supplied the chairman's predecessor as chairman. That strikes me as too many conflicting interests in too small a circle.

I would welcome a comment on hiding the loans in Irish Nationwide and how much Mr. Quinn owes the taxpayer. The slide in property prices is being used as an excuse for the increase in losses at Anglo Irish Bank. Sliding property prices were predictable. House prices go way up in economic booms, and Morgan Kelly has been spectacularly right in predicting that. The banks, having caused the massive boom, should have known that the prices would come down again. Were they covering for their own recklessness first and incompetence second by saying they could not predict house prices would go down? There is economic expertise that could have corrected that error and which has cost us so much.

I put a proposition to the witnesses. In terms of this debris - the two failed banks before us today and NAMA - it is not the best way out of this that the IMF target for liquidating assets is to get rid of the two failed banks. I cannot see the point in hanging around for ten years with this, or having NAMA going on and on. Ireland will recover when property prices fall. These are relatively new organisations. We do not have the problems such as those we get with the ESB and I cannot see them doing anything useful for the wider society. I believe public opinion wants to shut down these operations, get back to normal banking and let the property market find its own levels.

On the moral hazard issue, those who caused this crisis have, remarkably, got away scot free and the citizenry have been made to suffer. The sooner we end it, the better.

If members do not mind I will put three short questions to the witnesses. First, are they making substantial write-downs on the mortgages they are managing? Representatives of the two other pillar banks were before this committee yesterday one of which clearly stated that it is not in any way writing off any proportion of mortgages, and I presume that is the position of the other bank as well. Are the witnesses writing them off, even partially?

Or reducing them by, say, 10% or 20%.

Second, regarding the organisations now subsumed into this new Irish Bank Resolution Corporation, are pension funds for workers safe and secure and can the workers in those institutions be sure they will have pensions for the future?

Third, Mr. Dukes might give an opinion on the comment I am about to make. As matters stand we have three companies which are what Mr. Dukes called asset recovery units or banks. We have the Irish Bank Resolution Corporation, which is essentially recovering as much assets as it can; NAMA is trying to recover as much asset value as it can; and Certus, which is the unit left by the Royal Bank of Scotland, is essentially doing the same thing.

HBOS, yes. Essentially, we have three fairly substantial organisations recovering assets. NAMA is the only one still taking in loans but should we be looking at rationalising or putting a hold on that and letting the banks do their job? Should we be looking at a new model now that we have come to this stage in the banking crisis? I would appreciate Mr. Dukes's opinions on that.

It is interesting that of the chief executives or senior officials in both institutions taken over, the breaking news is that a former chief executive of the Irish Nationwide Building Society was unable to attend an appeals tribunal today because he is in another country. It seems getting people into the country who previously worked in these two banks is a bit of a difficulty these days. I would like Mr. Dukes's answers to those questions.

Mr. Alan Dukes

The Vice Chairman should not read too much into that last one.

I will deal with the Vice Chairman's issues first. On his last point, there are several agencies dealing with asset recovery and perhaps somebody will have a look at whether it is sensible or the most efficient way of dealing with it to have several different agencies but those assets remain to be dealt with and managed out. They will not just disappear. Whatever is done with any one of the agencies the assets are there and they have to be dealt with.

I can say in respect of the former Anglo Irish Bank and former INBS that the pension funds are being managed as prudently as they can be managed to ensure that the persons participating in those funds can look forward to the benefit of them. Both institutions have been paying attention to proper provision for their pension funds both before and after the nationalisation. Mr. McGloughlin might like to deal with the issue of the mortgages.

Mr. John McGloughlin

Yes. We do not have a write-off policy on mortgages.

Mr. Alan Dukes

Coming back to Senator Barrett's contribution, I thank him for his kind words. We have been colleagues and argued a lot over a good many years about a number of issues. I am not sure I remember exactly what I said but if I spoke about unjustified criticism I can only have meant that I do not believe for one moment that the current senior management or board of Anglo are the people who should apologise for the damage undoubtedly done to the country by the wreckage created by what was done before.

My point was that the former boards and managements should apologise.

Mr. Alan Dukes

I am speaking to Senator Barrett. It may be inviting trouble to say this but we see our function as being part of the solution rather than part of the problem and it is the reason I made comments that were picked up by Simon Carswell in his book to the effect that I want to put clear blue water between pre-nationalisation Anglo and post-nationalisation Anglo because our job now is to recover what can be recovered within the context of Government policy from what went before.

I cannot give Senator Barrett any information about the events of the night of 30 September 2008. I was not there. As far as I am aware from the reports that have been in the papers and the statements of the then Minister, nobody from Anglo Irish Bank was there on that night. I do not think anybody from Anglo Irish Bank would have been welcome but that is supposition. As far as I know no record exists of anything to do with that night in Anglo Irish Bank or if it does, I have never seen it. I am not aware of anything that could shed any light on that.

In terms of what happened on 15 January 2009 where the option was put to the bank that it was either liquidation or nationalisation, I can cast some light on that because I was present when we were told that the Government believed that the recapitalisation of €1.5 billion would not be enough in terms of action to meet the problem and that we had two choices. One was nationalisation and the other was liquidation. I may be right or I may be wrong but my clear impression at the time was that the option of liquidation was not on the table. Nothing that had been said by the Government up to then would have led me to the belief that the Government had any view other than that Anglo Irish Bank was systemically important at the time and that it was not an option to cut it off and let it die because the complications arising from that, in the Government's view at the time, would have been too difficult to contemplate.

Mr. Kevin Cardiff, the Secretary General to the Department who is in charge of banking, asked the Anglo Irish Bank board to consider two options, namely, liquidation and nationalisation. A stunned Mr. O'Connor called an immediate board meeting. Mr. Cardiff did outline the option to which I refer. He said it was not seriously considered but I believe it should have been. Mr. Cardiff and Mr. Neary have taken an awful lot of flak over all this. Perhaps there should have been a full set of proposals and costings. In retrospect, liquidation looks like it might have been very attractive compared to the approach taken. It is most interesting to hear Mr. Dukes's view on this and I thank him for it.

Mr. Alan Dukes

We will never know but I do not agree that liquidation at that point would have avoided all the problems we have avoided. It can never be demonstrated in any case that liquidation would have ultimately cost less.

The Senator, who is a very well-seasoned economic commentator and analyst, should take into account the international dimension. Many other commentators do not do so and talk as if decisions about the banking sector could be made in Ireland that would affect only Ireland. That is unreal. To talk in those terms misses the implications of being in the eurozone. We have only to look at the commotion being caused on a widespread basis in the eurozone by problems in Greece to know it is utterly unrealistic to consider banking issues in isolation if there is a currency union. That is one of my main criticisms of the way commentators deal with the issues that arise.

Mr. Alastair Darling and Mr. Gordon Brown heard it on the radio and Ms Christine Lagarde heard it by telephone. The decisions the banks advocated did not take into account the European dimension. It is not the commentators we should be focusing on but the banks.

Mr. Alan Dukes

I thank the Senator; he made my point. The same logic applies.

Senator Barrett raised issues concerning warehousing, etc., and I know what he is talking about. I cannot make any comment on that because there is an ongoing investigation into it. I hope it will conclude very soon and that whatever action is deemed to be appropriate will be taken. I will not go any further into the matter.

The law firm that was mentioned is not currently the principal legal adviser of the bank and has not been for quite some time. I could not swear that it does not do some work for the bank. It probably does at various times because of other links and because of particular expertise. It is not the principal legal adviser to the bank.

The total debt of the Quinn Group to Anglo Irish Bank is €2.8 billion, give or take €100 million. I will have to revert to the committee on the CIROC, bank pay and the number of staff earning over €200,000. Did the Senator refer to the CIROC?

The CIROC recommends that bankers receive up to €690,000.

Mr. Alan Dukes

The CIROC is the Covered Institutions Remuneration Oversight Committee. There is somebody in the Irish public service who would have been at home in the Kremlin inventing these acronyms. I do not know who comes up with them. The grid of senior management salaries in Anglo Irish Bank was built on the basis of the CIROC recommendations, as promulgated afterwards with some modifications by the then Minister for Finance. All the salaries paid in the bank were reported to and approved by the Department.

Deputy Boyd Barrett raised the question of salaries in the banking sector. He is not the only one. Not so many weeks ago, the Financial Regulator raised the issue as to whether we did not need to recommend more than the CIROC to get the kinds of people we need in banking to resolve the problems we have. One issue in Irish banking, which certainly features in Anglo Irish Bank and probably others, is that people with good reputations in banking are getting jobs elsewhere because they are being offered more money elsewhere. There are places in the European Union where there is currently demand for people with good backgrounds and skills in banking. It is a problem.

It is breathtaking.

Mr. Alan Dukes

The Deputy will have to hold his breath. We live in a fairly transparent and fluid market.

It is breathtaking because Credit Agricole and BNP Paribas are all teetering at present owing to people who are overpaid.

Mr. Alan Dukes

The fact of the matter is-----

I refer to the whole lot of them.

Mr. Dukes should be allowed to finish his contribution.

Mr. Alan Dukes

We must compete in markets. One problem in Anglo Irish Bank is that some of the good people we need in order to manage the wind-down effectively are being tempted away by higher salaries elsewhere.

For our own amusement, I recall reading almost two years ago an article in The Economist that stated it is time to make banking boring again. The article traced the history of remuneration levels in banking and stated that, in the 19th century, banking was a very dull profession in which nothing very exciting happened.

The Rothschilds would not agree.

Mr. Alan Dukes

People were not very well paid. After the First World War, financial markets began to heat up and banking became very fashionable. The go-go kids were paid huge sums of money and then there was a crash.

From the mid-1930s to the end of the 1950s, banking again became a kind of grey, dull, boring, predictable profession in which people worked from 9 a.m. until 5 p.m. and nothing dramatic ever happened. Then the economy started to heat up again and new approaches to banking were developed. It became very exciting and salaries began to rise again. The solution of The Economist was to make banking boring again. In my limited tenure in my current job, if I do not get fired immediately for what I have been saying today, I do not expect to see banking become that boring.

Does Mr. Dukes recommend €500,000 or €690,000?

Mr. Alan Dukes

That is a conversation the committee might have with the Financial Regulator.

We have had it with him. The figures mentioned were not heading towards €500,000 or €690,000.

The CIROC made its determinations before the extent of the loan losses was known. That is very important to remember.

The Minister for Public Expenditure and Reform, Deputy Howlin, has referred to the huge reductions the Taoiseach, senior civil servants and Ministers are taking, bringing salaries back to €200,000. The banking sector's argument on salaries will be a hard one to make. I do not know that this committee will be persuaded on what is being suggested. Is Mr. Dukes suggesting €500,000 or €690,000?

Mr. Alan Dukes

I would hate to feel that we will in the next two years lose any of our key people for a reason like that mentioned. It would make the job we have to do a great deal more difficult than it is.

Questions have concluded. I thank Mr. Dukes, Mr. McGloughlin and Mr. Bradley for their time. The witnesses thought I was joking earlier when I suggested this meeting could go on for six hours. We are approaching four hours, which has been more than ample time. I appreciate that the witnesses gave their time and did not rush things and members appreciate their attendance.

The joint committee adjourned at 5.40 p.m. sine die.
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