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JOINT COMMITTEE ON FINANCE, PUBLIC EXPENDITURE AND REFORM díospóireacht -
Thursday, 5 Jul 2012

Technical Difficulties in Financial Services Sector: Discussion with Ulster Bank

Today, the main item on our agenda relates to technical difficulties within Ulster Bank. I welcome the following: Mr. Jim Brown, the chief executive officer of Ulster Bank; Mr. Chris Sullivan, chief executive officer UK corporate banking of Royal Bank of Scotland; and Mr. Jim Ryan, managing director branch banking, Ulster Bank. Mr. Brown will make his opening statement which will be followed by a question and answer session.

I remind members, witnesses and those in the Visitors Gallery that all mobile telephones must be switched off as otherwise they will interfere with the sound production in the room. I have been advised that the meeting is being broadcast by UPC on channel 801 and if a mobile phone is switched on, even if it is not making any sound, it will interfere with the broadcast, to the extent that it can be seriously disrupted and people watching it cannot follow or hear the proceedings.

By virtue of section 17(2)(l) of the Defamation Act 2009, witnesses are protected by absolute privilege in respect of the evidence they are to give this committee. If a witness is directed by the committee to cease giving evidence in relation to a particular matter and the witness continues to so do, the witness is entitled thereafter only to a qualified privilege in respect of his or her evidence. Witnesses are directed that only evidence connected with the subject matter of these proceedings is to be given and witnesses are asked to respect the parliamentary practice to the effect that, where possible, they should not criticise nor make charges against any person or 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 parliamentary practice that they should not comment on, criticise or make charges against a person outside the House or an official by name in such a way as to make him or her identifiable.

I advise members that Deputy Shane Ross is substituting for Deputy Stephen Donnelly and I welcome him to the committee.

Mr. Jim Brown

Mr. Chairman, Deputies and Senators, I thank you for the opportunity provided to the Royal Bank of Scotland, RBS, and Ulster Bank group to address the joint committee on the issues concerning this significant IT failure impacting severely on our customers in Ireland.

I am Jim Brown, chief executive officer for Ulster Bank, and I am joined by my colleague, Chris Sullivan, the chief executive officer of the corporate banking division of RBS who also holds responsibility for Ulster Bank group at RBS level. I am also joined by Jim Ryan, the managing director of our branch banking in the Republic of Ireland. Following this introduction, we will be happy to take questions from members.

I wish to make three main points. First, I wish to give our unreserved apology for the disruption this issue has caused our customers and customers of other banks. It is unacceptable and costumers should expect better of us. Second, we give our commitment that teams across RBS and Ulster Bank are working flat out to resolve the issue. Third, I confirm that no customer will be left out of pocket as a result of this incident. The IT failure that Ulster Bank has experienced on customer accounts is unprecedented in the banking sector worldwide, not just in terms of its impact on customers, but the scale, the complexity and challenge that resolving it has presented to us. While I am not in any sense seeking to diminish the impact of these difficulties, it may be helpful to the committee if I explain the initial problems and the challenges we faced in restoring the system to normal.

Ulster Bank IT systems are run by RBS out of Edinburgh on behalf of the Ulster Bank. Each evening the bank processes the days transactions across our businesses. This is a large-scale highly complex operation and on an average day, RBS processes 20 million transactions. The transactions for RBS and NatWest are both in sterling. Those for Ulster Bank are both in sterling and euro, which adds to the complexity of the processing for Ulster Bank. The transactions are processed in batches through automated systems. In normal conditions this overnight batch processing completes before business resumes the following day. This process has run without serious failure for 25 years.

The initial reviews we have carried out indicate that a problem was created when maintenance on systems which are managed and operated by a team in Edinburgh caused an error in our batch scheduler. This error caused the automated batch processing to fail on the night of Tuesday, 19 June 2012. The knock-on effects created significant processing delays and required substantial manual interventions from the team. This was made worse because the team could not access the record of transactions that had been processed up to the point of failure. The need to first establish at what point processing had stopped delayed subsequent batches and created a backlog. Consequently a number of account balances did not update as they should have from Tuesday, 19 June. The exact cause of this issue will only be known once we have carried out a full investigation, which we will do as a matter of priority once the backlog has been fully cleared. Although the initial problem was rectified reasonably promptly, we were faced with a processing backlog which had to be cleared before we could return the systems to normal.

In order to be able to recommence automated batch processing and to move to a normal state, the batches had to be brought back into sequence. Unfortunately for Ulster Bank customers, payments follow in sequence after those of NatWest and RBS. This is because of the way the technology was set up at the time the three banks were integrated. It in no way reflects the priority attached to Ulster Bank customers. The process must be managed in a sequential and co-ordinated way. We cannot rush it and skip the backlog to bring the customer balances up to date. Each day's processing needs to be fully tested to ensure it has been successful before moving on to the next day. These issues have hindered our capacity to be specific about when the system will be restored in full as we have needed to be sure that the results for each day are robust before proceeding further.

As detailed in the RBS statement yesterday, we expect that the week commencing 9 July will be the final week of any significant delays for Ulster Bank customers. We expect gradual but significant and noticeable improvements throughout the remainder of this week and next week. It is our expectation that by the week of 16 July, the vast majority of customers will return to a normal service barring any residual reconciliation that is required. We will continue to provide updates daily on our progress.

This has been complex, time consuming and frustratingly slow to advance but I am confident that we will address and resolve the issues as they impact on Ulster Bank customers. As I highlighted RBS will carry out a detailed investigation into the causes of the problem, overseen by independent experts once the critical recovery tasks are completed. We will continue to liaise closely with regulators. We will publish these findings and circulate them to the committee. In the meantime our priority is our customers and restoring the banking proposition across the island of Ireland.

We are fully aware of the challenges that this disruption has created for our customers and customers of other banks, and apologise unreservedly for this. Our primary concern throughout this incident has been to ensure that all customers of the bank are supported and accommodated until our systems become fully functional and operational. At all times we have communicated in good faith with our customers and have introduced additional support initiatives for them, including Ulster Bank branches being opened for an extra 1,659 hours, including Saturdays and Sundays in the Republic. We estimate that 167,000 customers were spoken to directly in our branch network. We have increased our call centre capacity and staff by 300%. We have had 1.3 million visits to our website which is an increase of 90% from our business as usual volumes. We have had 174,000 views on our systems incident question and answer pages. Consistently, we have committed to ensuring that customers have access to funds through our branch network and where a customer has been in hardship or required funds, we have engaged directly with him or her. We have made it clear that no customer will be permanently out of pocket. We have committed to ensuring that customers credit ratings are not impacted as a consequence of the significant IT failure we have faced.

In summary, I reiterate our apology to our customers who rightly expect more from us than we have delivered through this incident. Our customers have shown us great patience and this is in large measure due to the strong commitment that our people continue to show in helping to fix the problem and help our customers through this inconvenience. This has been an unprecedented episode for Ulster Bank, RBS and the banking sector as a whole. We have committed ourselves to ensure we learn from the challenges that we have faced.

Ulster Bank has proudly served customers for 176 years. When this episode is over, we will work very hard to regain the confidence of our customers, to regain their trust and to ensure we continue to remain a vital and necessary force in Irish banking.

I am happy to take questions.

Thank you, Mr. Brown. Before I call on my colleagues, there are one or two questions that I wish to raise at the outset for the purpose of clarification. One of the recently published customer updates is entitled: "Thank you for your continued patience.", an assumption that people were patient - - - - -

Or had a choice.

- - - - - or had a choice. I suggest that their patience has been tested to the hilt throughout. I wish to raise the handling of the incident, as I have had a timeline prepared of the events, which I am quite sure is accurate. The incident occurred on 19 June. On 20 June, the first media reports were to the effect that the Ulster Bank was unable to say when it would resolve the issue. On 21 June, the Ulster Bank chief operating officer, Ms Ellvena Graham, stated that the backlog "should be resolved by Monday, 25 June". On the following day, 22 June, an Ulster Bank spokeswoman said that the backlog was unlikely to be cleared by 25 June. Within 24 hours, therefore, it went from "should be resolved" to "unlikely to be cleared".

On Sunday, 24 June a spokeswoman stated that the backlog would not be resolved until the end of the week, meaning 29 June. On 26 June, the bank said that full services were not expected to be restored until the beginning of next week, which was 2 July.

On 28 June, Mr. Brown himself said he was confident of getting "things back to normal by early next week", by which he meant 2 July. On 1 July, the bank said it did not expect full services to resume by Monday, 2 July, directly countering what Mr. Brown had said two days beforehand.

On 2 July, the bank said it would take some further time before normal services were resumed. On 3 July, Mr. Brown said it would be Monday, 16 July at the earliest before the backlog was cleared. Today, the position is much as it was yesterday, which was that next week should be a final week of significant delays, but it will run to the following week at which point the bank hoped that the vast majority of the problems would be dealt with. That still left open the possibility that some people would still be affected, running up to the end of this month.

Why should we accept the assurances that Mr. Brown is giving us now concerning dates, when all the previous assurances turned out to be untrue?

Mr. Jim Brown

The communications that were made throughout the last two or three weeks have been made in good faith in terms of trying to keep our customers up to speed with what the issues are and how soon we are likely to get them resolved. It is fair to say that as we got into resolving the issues, it became very clear that the issues were more complex than we initially thought. As a consequence of that, we provided clarity as quickly as we could. Particularly around the end of the first week, we said that we were unlikely to resolve it by that weekend. Giving further clarity, we said it was likely to be the weekend after that.

Why would we accept the assurance that Mr. Brown is giving us now, if the ones he previously gave us were not true?

Mr. Jim Brown

The key difference right now is that over the weekend, basically from Friday through to Monday, we made significant advances in restoring our capabilities, particularly around the batch processing. As a consequence of that we have made significant in-roads in terms of processing the backlog of transactions. Customers can start seeing those transactions coming through into their accounts now, and they are coming through very regularly. As I said, we are making in-roads into that backlog.

Based on the experiences we have seen over the last three or four days, that gives us far greater confidence that we will see transactions coming more up to date through this week and into next week.

We will have to revisit this matter because a vote has been called in the Dáil. We will have to suspend the proceedings for some minutes to allow Members of the Dáil to vote in the Chamber. We will resume as soon as we can.

Sitting suspended at 2.55 p.m. and resumed at 3.10 p.m.

Before we suspended Mr. Brown told us that the level of information that the bank now has a higher level of information that will enable it to make better and more reliable predictions.

Mr. Jim Brown

That is correct. Over the past weekend we have made significant inroads into our processing IT issues.

I am sorry to interrupt. My question is not so much about the work itself but the bank's ability to accurately predict when the problem will be solved. Does Mr. Brown understand the point that I have made?

Mr. Jim Brown

I do. As a consequence we are now processing a significant volume of transactions through customers' accounts over the past few days. It is that rate at which we are catching up and progressing that gives us confidence. I shall hand over to Mr. Sullivan for his view.

Mr. Chris Sullivan

I apologise unreservedly on behalf of RBS. It is an RBS systems issue and RBS runs the overnight batch system on behalf of the Royal Bank of Scotland, NatWest and Ulster Bank. The question is around communication and why one should believe in the timeline. It is fair to say that every piece of communication that the Ulster Bank staff have given has been given in good faith, based on information given to them by the people who are working on the IT problems in Edinburgh. Those people have encountered a very complex and an evolving situation of an unprecedented nature in our industry. The reason we are able to give much more validity now to our backstop date of the week of 16 July, is because we are now in the recovery phase. We are actually seeing each day's transactions going through. We are able to time them and understand the trend of those times and project that forward. We believe we will, at the latest of the week of 16 July, be completely up to date and of course, as we make improvements, we would look to bring that date forward.

Mr. Sullivan can understand the scepticism that still exists. I am sure I am speaking for all my colleagues when I say that we are continuing to have contacts from his customers who are our constituents who are affected by this. I am referring to contacts even up to today, up to a few minutes before I came down to this room and I am sure others will reflect that because they have mentioned it to me.

Mr. Chris Sullivan

We regret that sincerely. We are trying to balance our customers' wish to have a date with the information given to us and the staff here in Ulster Bank from the people who are actually working on the problem. We are trying to balance those things but we regret that. We would love to give true certainty on the whole issue.

If I may just explore this issue of the sequencing with Ulster Bank coming third in the list of the three banks. It has been stated in the public statements and Mr. Sullivan has mentioned it again today when he said that the way the technology was set up at the time the three banks were integrated means that it has to occur in this way. I am a layperson in this regard so I ask Mr. Sullivan to bear with me for a moment. There are three banks. The problem in the first bank is dealt with on day one, in the second bank on day two and the third bank on day three and then the sequence reverts. People find it very difficult to understand why it is thought necessary to clear each one of the first two banks before the third can be touched. This seems very strange.

Mr. Chris Sullivan

I wish to add a caveat to this answer on the basis that I am not an IT professional. I have received data against this question which I also asked myself. This system has been built and evolved as the group evolved. The group consisted of the Royal Bank of Scotland which bought NatWest and then subsequently pulled the Ulster Bank batch into that overall process overnight. There are 250,000 programmes that are run within that batch at night involving around 20 million transactions and they have to be run in a relatively short period of time. There is a piece of software called an auto scheduler which actually orders those 250,000 programmes in the optimal fashion to run them so they can be run in that time. The scheduler was built in that order. There is no priority given because of size or geographic nature or anything along those lines. It is done for optimal progress through the batch. I wish to assure the committee there is no priority being given to any part of RBS within this for anything other than information technology efficiency reasons. The resultant impact is that the NatWest part of the programme had to be fixed before Ulster Bank could be fixed because NatWest was the genesis of the problem.

The customers are not all jumbled together. They are still three discrete entities so it still seems strange. Mr. Sullivan says he has asked the same question himself. Does it not still seem a little odd that it was not possible, given that everything could not be resolved in a day and that it would take a lengthy period, to interrupt the first bank, go to the second bank and then go back to the start? This would give the Ulster Bank people some chance of having their problems addressed.

Mr. Chris Sullivan

There are many questions like this and they have been asked by many different stakeholders. Ultimately, to get to the bottom-----

We have questions but Mr. Sullivan will appreciate we are looking for answers today.

Mr. Chris Sullivan

Yes, I appreciate that. I would also like answers. In order to get those answers we have commissioned an independent review of that whole process and this whole incident and we will publish that for the purposes of this committee. We will share what has been learned and we will implement ourselves.

When might this happen?

Mr. Chris Sullivan

We understand we should have the results within weeks.

I have two further questions before I hand over to Deputy McGrath. The first is a technical question but I am sure many people wish to ask it. Is no backup or contingency system in place? A software patch is introduced into the system and it causes this devastating failure. Most people have a backup in their home computers, in other words, the system is replicated somewhere and can be run separately. Why is there no contingency to deal with a situation such as this?

Mr. Chris Sullivan

There is a contingency and a backup and these backups are tested regularly and have passed those tests. There has been a failure in this situation and until we get the result of the report, we cannot answer the question as to why it has not worked.

Was there a recent head count cut in the batch scheduling team in Edinburgh?

Mr. Chris Sullivan

No. The team is entirely based in Edinburgh and it deals with Ulster Bank. It has sufficient resources of experts required to do the work. There are no resource constraints whatsoever. A specialist team looks after Ulster Bank and it is a high-quality team. There are no staffing or quality of staff issues.

That is not the question I asked. I asked a very discrete and clear question. Have there been recent redundancies in this team?

Mr. Chris Sullivan

Not to my knowledge.

No redundancies?

Mr. Chris Sullivan

Not to my knowledge.

So Mr. Sullivan is saying the press reports and elsewhere that the team was halved from 60 to 30 is inaccurate?

Mr. Chris Sullivan

I am saying I have no knowledge of any redundancies and I cannot answer that question accurately because I do not know.

If it were true would Mr. O'Sullivan know? If the answer to the question was "Yes", would he know that, in his position?

Mr. Chris Sullivan

I cannot answer that question.

Does Mr. Sullivan understand why I am asking that question? The reason is it may still be possible even though Mr. Sullivan does not know that there were cuts in staffing numbers.

Mr. Chris Sullivan

I cannot answer that question accurately.

You do not know? That is a possible answer to a question, that you do not know.

Mr. Chris Sullivan

Correct.

You do not know.

Mr. Chris Sullivan

Correct.

Mr. Brown, do you know?

Mr. Jim Brown

No, I do not know.

Mr. Ryan, do you know?

Mr. Jim Ryan

No, I do not know.

None of the three of you is aware as to the accuracy or otherwise of reports in the newspapers that the head count was halved in this team. This is extraordinary.

I welcome our guests. The most infuriating aspect of this situation for the customers is that the story has changed so many times. The Chairman has gone through the chronology of events in some detail. The initial commentary to the public was that the situation would be resolved over the following weekend and fully updated by Monday, 25 June. Today we are being told that by the week beginning 16 July, the vast majority but, not necessarily all, the bank's customers' balances will be updated and normal services will be available. People were misled.

The witnesses have said that all communications were in good faith so we can only assume that the bank simply did not know. It made statements about when it was expected that the situation would be resolved. Those statements were false, people were misled and that is what has really annoyed them. I do not need to tell the witnesses about the level of distress and inconvenience this has caused.

We have all received phone calls and e-mails from all over the country. I was contacted this morning by the owner of a small business in Cork. He is due to pay his suppliers but he has no idea what is in his bank account. He does not know if he can process those payments nor has he taken any salary for the past couple of weeks. This is an unprecedented experience for all business and personal customers in that they do not know how their financial affairs stand. It is entirely unacceptable. Except for the dedication and commitment of the branch staff - the bank is very fortunate to have a very good team all over the country - the situation would be far worse. At least most people are able to access cash in order to allow them maintain some standard of living. It is now week three. How confident is the bank that the latest estimate of the week beginning 16 July will be achieved? Could it take longer? What resources are being used to resolve this situation and how many people are working on it? What level of confidence does Mr. Brown have that this will now be achieved? Could it take longer than that? What resources have been put in to resolve this? What number of people are involved, where are they processing these payments and where is the bank at in that process? How many outstanding transactions have yet to be processed? Does Mr. Brown have the value of the amount of transactions that are still outstanding? How many people have been directly affected by this? Mr. Brown referred in his statement to 167,000 customers who had spoken directly in his branch network. Can we take it that it is in and around that figure, well in excess of the original 100,000 people who were mentioned?

We still need more detail on exactly what happened. What was this software patch designed to do? Was there human error involved or was it a failure of technology? If the patch had been applied over the weekend, on a Friday evening or on a Saturday, would the outcome be very different in that the bank would have had the opportunity over the weekend to resolve the issue before going live again on Monday morning? Is it normal for these upgrades to be done in the middle of the banking week?

On the question of the compensation fund, Mr. Brown has given an assurance that customers will not be out of pocket; that is the bare minimum he needs to do, but people have also incurred out of pocket expenses. People have had to take time off work to queue at their local branch, travelling some distance, in many cases, to get there, incurring costs as a result. There are myriad issues around this where people have had to incur additional costs. What kind of compensation package is Mr. Brown looking at for those people? It is important that we would be given those details.

There is no question but that the bank's reputation has been very badly tarnished as a result of this. We all want to see Ulster Bank play an important and vital role in the banking system in Ireland in providing much needed competition at a time when we are hugely reliant on the two pillar banks. What is Mr. Brown's assessment of the damage that has been done to the brand and how does he propose to repair it?

Does Mr. Brown agree that it would be entirely inappropriate for him and for all the senior management at Ulster Bank - RBS can account for itself - to accept a bonus payment in respect of the current year? Can he address that issue very directly because I know it was raised at the committee in Northern Ireland this morning? For any of the senior management to accept a bonus for this year would be rubbing the customers' noses in it and Mr. Brown needs to nail that issue now.

At lunchtime today the ECB announced a 0.25% reduction in the base interest rate. It is essential for the bank, as a goodwill gesture, to immediately confirm that all its variable rate mortgage holders and business customers will receive the benefit of that rate reduction and that Ulster Bank will immediately pass on that reduction.

Mr. Jim Brown

To run through those questions, the first question was in terms of my confidence that the issue would be fixed. As I said, my confidence has increased primarily as a result of the number of transactions that are now flowing through the system and the rate at which we are clearing the backlog. Based on the progress we have made over the past three or four days, I do not see any reason right now that we will not have that backlog cleared as we communicated earlier.

In terms of resources, significant resources have been added to the business here from RBS. As soon as we knew the issue was becoming more complex than we initially thought, which was on the weekend of 24 June, I rang Chris Sullivan and mentioned to him that we needed more resources. Chris, along with several others, flew in on the Saturday and progressively over the next two or three days we have had more than 100 resources flown in from RBS to Dublin to deal with the issues. We have also got a considerable number of people working in the UK, particularly in the technology areas but in other areas as well, who are providing support to deal with the issues. As I mentioned earlier, there have been considerable resources in terms of the number of staff within Ulster Bank who are working in the branch network and behind the scenes to provide services to customers while we deal with this issue.

In terms of customers being impacted, first, if the Deputy is aware of a specific customer with an SME who has a problem, I am more than happy to deal with that after this meeting. We have processes in place to deal with our customers who are having difficulty, be it with their own personal accounts but also business accounts. I am more than happy to take up that.

On the number of customers who are being impacted, as this has taken longer than we thought, the numbers are significantly more than we thought. Initially, we estimated that it would be over 100,000. We will not know the exact number until we get through processing all the transactions but I guesstimate it will be in the vicinity of half of our customer base, which in the Republic is approximately 500,000 to 600,000. We will not know the exact number until we get that backlog cleared but it is significantly more than we thought.

To clarify, 500,000 to 600,000 is the total base, and Mr. Brown is saying it is half of that.

Mr. Jim Brown

No. Our total base in the Republic is about 1.1 million and it would be around half of that, I guesstimate now.

That is enormously more than had been indicated up to now.

Mr. Jim Brown

That is correct. As the problem has dragged on, more customers have been impacted by the backlog of transactions going through. That is why the number has risen.

In terms of compensation, we have made it very clear from day one that no customers will be out of pocket as a result of the issues that have occurred at Ulster Bank, be they our customers at Ulster Bank or other banks' customers. We have also said that we will work with the credit bureau to ensure that nobody's credit records are impacted by this issue. We are looking at the compensation we should make over and above that. In terms of the obvious compensation in respect of bank fees, bank charges, interest reversals and those sort of things, it can be taken as a given that they would be done but we are looking at what other compensation should be made over and above the basic costs.

When is Mr. Brown hoping to finalise that?

Mr. Jim Brown

We have people working on it now and I would hope to have something out early next week. That is the timeframe we are looking towards but it is a complex issue because there are many different types of transactions and different types of customers, but clearly from our perspective getting something out sooner rather than later is of utmost importance.

In terms of reputation, the customers have been very supportive of the bank and very understanding. I have been to many branches and spoken to many customers to understand the impact, particularly in the first week or so, to make sure we had the right staffing, the right hours, the right number of people in the call centre and so on. They have been very understanding but there is no doubt that they have been inconvenienced.

My view is that Ulster Bank has been in the market for 176 years and it has provided extremely good service through that period. Clearly, we have had a significant issue over the past two weeks but my aim is to get these issues fixed as quickly as possible, to get our service levels back to where they should be, to where our customers should expect, and to get back to supporting the community and the economy in the ways that we have done in the past.

In terms of a bonus, as I have said, the focus from my perspective is to get the bank up and running as quickly as possible and we are focusing on that. The bonus situation for employers, be it myself or my team, is reviewed at the end of the year and it is based on a bunch of different factors. I do not know whether I will get a bonus and my view is that I will wait till the end of the year and I will make a call at that time based on how we get through this and the service we provide to our customers.

Will Mr. Brown accept one?

Mr. Jim Brown

I will make that decision at the end of the year once I know where we are at.

With respect, that is astounding, that Mr. Brown would even consider accepting a bonus, that he cannot come in here and at least rule that out, out of respect for the 500,000 customers who have been put through enormous distress over the past two weeks and will be perhaps for another week or more, and that he is saying that he will consider accepting a bonus in respect in 2012. I find that beyond belief.

Mr. Jim Brown

What I am saying right now is that my focus is on restoring the services back to normal and if I am entitled to a bonus at the end of year, and we will see whether I am entitled to one, then I will make that call at that time.

Mr. Brown will not exclude it?

Mr. Jim Brown

Will not exclude?

Mr. Brown will not exclude the possibility that he will take a bonus.

Mr. Jim Brown

I would not exclude taking it or not taking it at this stage.

I asked about the ECB rate cut, the number of transactions that have yet to be processed and the scale of the backlog.

Mr. Jim Brown

I am sorry; I missed that one. On the number of transactions, we are now at a four day backlog that we need to process. We process about 1 million transactions a day. Most of the transactions, in terms of where the backlog has occurred, are with what I would call the transactions that are processed through the batch scheduler, which is where we had the problem. We have been posting other types of transactions such as payrolls through the banking system into other accounts and so on, but the majority of the transactions are caught up in this batch scheduler issue. About 90% of our normal daily volume remains backlogged but we are making progress on that.

The bank is about four days behind and it is about 1 million transactions a day.

Mr. Jim Brown

It will be about that, yes.

So there are 4 million transactions yet to process.

Mr. Jim Brown

Correct.

I asked about the ECB rate cut.

Mr. Jim Brown

A further ECB rate occurred at 1.30 p.m. and we will be passing on that rate cut to our tracker mortgage customers but also to our variable rate customers also. I can confirm that.

That is interesting.

I want to ask questions of Mr. Brown but following on from what Deputy McGrath said, we are living in the real world. Two issues arise. On the issue of his bonus, Mr. Brown said that over half a million customers have been discommoded in the past two weeks, and we are now entering the third week. It appears it could last for four or five weeks. Many businesses are unable to function properly. People are queuing at banks to access their own money. In some cases, when they check their balance online they are not fully aware of their funds. In that context and in terms of the bank, Mr. Brown must say now that he will not take the bonus. We are here, effectively, representing Mr. Brown's customers. That should not be the case. Mr. Brown should take what has been said here and reflect strongly on the bonus issue. I ask him to do that. Throughout his presentation Mr. Brown stated that he is conscious of the customers and is committed to ensuring they have access to funds through our bank's network, but some people are unable to get access to all of their funds. He said he was making it clear that no customer will be permanently out of pocket, but people are out of pocket. I have a few questions to put to Mr. Brown and as I am doing that I ask him to reflect on the bonus issue.

First, Mr. Brown should be in a position to give us a definitive date as to when this issue will be resolved. Second, in terms of what happened, and I am open to correction on this, but is it the case that this was an issue with NatWest and not with the Royal Bank of Scotland, RBS, system? The software development was outsourced in NatWest. The new software upgrade, the scheduling system, was functioning but in such a way that it was inefficient. The bank then decided to revert to the old software but the people who were involved in the outsourcing were not aware that they had to make the new system compatible with the old system, and it corrupted the database. This committee would like to know if this issue is being resolved in RBS in Edinburgh or in Ireland. What software experts is Mr. Brown bringing in to sort out this issue because this issue is dragging on and it is unacceptable to customers. I ask Mr. Brown to clarify that issue. Is this to do with an outsourcing issue? In terms of making cuts and making savings, the bank outsourced all the software development.

Third, this issue has not been discussed but it is one about which I feel strongly. I would have thought that the bank, as a goodwill gesture and until this matter is resolved, would examine the banking history of individual customers and provide them with an overdraft limit - a different one for different customers - to allow them function. This issue is disrupting ordinary people's lives to an incredible extent. In some cases it is putting businesses in jeopardy.

I hope Mr. Brown has had sufficient time to reflect on the question of his bonus, and that of his colleagues, and that a bonus will not be taken. I ask him to tell us exactly what happened. This appears to be a scheduling issue with software. Did the bank outsource, and was this problem caused by a human error? Who is dealing with getting this issue up to date? Could the bank bring in further resources? Will Mr. Brown explain to me in layman's terms how he is correcting the batches? Does it involve software or physical data? Will he explain exactly how it is being done in layman's terms? Until this matter is sorted out, will he provide an overdraft limit to individuals to allow them go about their daily lives? They are not worried about bonuses; they are worried about being able to get by on a daily basis.

On the compensation measures being brought in, obviously, there should be no charges but there must be proper compensation, and that must be done quickly. We do not want a situation when this problem is resolved that the issue drags on. The bank owes it to its Irish customer base to do that. It has 1.2 million customers. It makes up 20%, one fifth, of the banking market. It is a major player, and it says this is unprecedented in the banking sector worldwide.

Mr. Jim Brown

I might ask Mr. Sullivan to answer the technology questions and then Mr. Ryan might talk about the overdraft and give some flavour on some of the things we are doing in that regard.

Mr. Chris Sullivan

On the Deputy's question about outsourcing, the system is operated entirely in Edinburgh by RBS staff.

The development of the software?

Mr. Chris Sullivan

Yes. Everything in that area is done by RBS staff. It is an RBS system and it runs the Royal Bank of Scotland, NatWest and Ulster Bank. These are RBS staff. This is not outsourced from the group at all. It is a system which is regularly upgraded. There is a system for upgrading it, and this upgrade was done using the exact same system with the exact same back-up facilities as all of the others we normally do. Nothing different was done. On the day it happened there was nothing out of the ordinary in what was done in this area.

In terms of the in-depth answer the Deputy requires, I am not capable of giving that. That is the reason we have commissioned an independent investigation, and we will share those details with the committee and with the regulators, and I promise to share them with other banks as well.

Is Mr. Sullivan saying that at this moment, in terms of his bank's software and its technical team based in Edinburgh, he is not aware of what happened?

Mr. Chris Sullivan

I am saying I am not technically capable of giving the Deputy an in-depth answer to those questions.

Is there someone within the RBS Group technically capable of providing an explanation to the bank's Irish customer base?

Mr. Chris Sullivan

I will be happy to come back to the committee following that investigation. Our board certainly wants an independent investigation, which we will share with the regulators and others.

In terms of the Deputy's question, is it in the nature of a human error or a technical malfunction? Most people understand the difference between the two. Has Mr. Sullivan inquired about that?

Mr. Chris Sullivan

I have inquired about that, yes.

What was the answer?

Mr. Chris Sullivan

The answer is somewhat complex, as the Chairman can imagine.

Chairman, am I correct that the briefing document tells us that the exact cause-----

I am sorry, Deputy. I will not permit three voices competing with a Member.

The document explains-----

The Chair will decide who to call. Deputy O'Donnell has possession at the moment.

We have been told-----

Mr. Sullivan is responding. Please let us have some order.

-----on page 2, paragraph 3-----

I ask the Deputy to please obey the rulings of the Chair.

Mr. Chris Sullivan

The issue was originally a software issue and that software was taken out. It related to the scheduler.

That was the updates. When he spoke about the upgrades he said that his bank decided that it was not operating efficiently enough and to return to the old software. Am I correct?

Mr. Chris Sullivan

I do not know whether it decided to go back to the old software or not. I know that the scheduler was taken out of the room and repaired, as stated in the brief. The original problem was resolved. The issue post that was in terms of recovery of the Ulster Bank batch, in particular, where some data became corrupted. I cannot answer the Deputy's question on whether it was human error or a system error. I am unable to answer that question. That was the issue that has been described and that is why we need to carry out an investigation. That is also the reason those things had to then be done manually. I remind Members that there are 250,000 transactions done in this particular run.

In order words, a quarter of a million.

Mr. Chris Sullivan

There are a quarter of a million processes done overnight, and many of them had to be run manually. The reason that they are done automatically is to be able to do them in a limited period so that we are ready for the next day.

Can Mr. Sullivan explain why that there was not a back-up version of that data that could have been used and run on the old system?

We addressed that matter earlier. Mr. Sullivan can touch on the matter again if he so wishes.

Mr. Chris Sullivan

There is a back-up to that data. I cannot answer the Deputy's question. Obviously there was a failure and it needs to be investigated and reported on.

Is it being worked through manually? Are people physically going through 250,000 transactions and physically feeding them back into the system again?

Mr. Chris Sullivan

Yes.

Please explain it in layman's terms.

Mr. Chris Sullivan

In layman's terms, that is why it took four and half days to get that batch through. Yes, that is correct.

Mr. Jim Brown

The Deputy asked another question on overdrafts.

Mr. Jim Brown

Mr. Ryan will give the Deputy a view on what we are doing.

Mr. Jim Ryan

The branch networking customer phasing areas are firing on all cylinders. We have put all of our resources possible behind these areas so that we can open our doors for seven days a week, late into the evening, in as many branches as possible in order that we serve customers. We have tripled the resource in our call centre that has double the volume of its normal calls to try to answer as many calls as possible. To date, since 23 June we have answered 99 out of 100 calls. We are happy that we are answering calls and questions where people have questions that they want answered.

In the normal course of events, if someone has a requirement because they are cash strapped, we will deal with their request at branch level and we will try to put a facility in place, if we can do it, working with our underwriters. That is what normally happens. That is pretty much typical of what-----

With due respect, this is not the normal situation.

Mr. Jim Ryan

No, of course not.

This is gross and completely abnormal.

Mr. Jim Ryan

Absolutely. To deal with those circumstances, given the extraordinary events, we moved to a manual process in branches whereby we have given more than 100,000 customers cash over the course of the past two weeks.

That was based on them providing payslips.

Let Mr. Ryan finish.

Mr. Jim Ryan

In some circumstances. That is not always the case. We have some limited visibility of people's transactions and if they have got ID and we can see that their salaries or wages will come into their account, we will give out cash to that level so that we can facilitate their request. That is what we have tried to do. We have tried to avoid giving out cash whereby we potentially create a problem where people cannot afford to pay it back. Right now the issue is partly that the credits on the account have not fully reconciled in many instances. If they can demonstrate that they have a credit on the way, we will advance the cash to that level. If someone says they have a payment on the way in to the tune of €5,000 and they need the €5,000 because they want to go on annual leave with their family or if they need to buy a car or they have a boiler to fix at home, then we will advance the cash because we are not unreasonable. Those discretion levels are evident at ground level in branches within the hierarchy at the moment. That request could be made in any branch throughout the country for right up to €5,000, and more than that, if necessary, and an area manager is called. We have that system in place.

What if someone is struggling due to all of this? We get to the end, reconcile all of the balances and someone has run over their normal limit. We will then put a temporary limit in place so that they can work though it over a period. We will give them time to pay back the amount they owe over a number weeks, months or whatever is required.

Will the bank charge them interest?

Mr. Jim Ryan

We will work it out within the remediation process. I would like to think we will facilitate it in as a benevolent a way as possible, where it is required.

They will consider it.

I have two questions.

Just one final question because we can return to the matter.

I want Mr. Brown to deal with my question on bonuses. Like the bonuses, the idea of charging people for a facility should not arise. Can I get a commitment from the delegation that people will not be hit with charges that arise and which have nothing to do with them? Ulster Bank created the mess, not its customers.

Mr. Jim Ryan

We accept what has happened and that we are responsible. We have said from the outset that nobody will be out of pocket. We have protocols and governance to go through to ensure we endorse whatever has to be done here. We are and will be consistent in whatever we do over the course of the next few weeks in terms of the application of the solution to all of our customers. If we can be systemic in doing that, it will minimise any further jeopardy.

Can Mr. Brown answer my question on bonuses?

Mr. Jim Brown

I have already given my answer on it.

On mature reflection, is Mr. Brown not willing to reconsider?

Mr. Jim Brown

I gave my answer.

That is a shame and is not good enough.

I am sure I do not have to lay out the consequences of the almighty mess the bank has created for hundreds of thousands of people. I thought I was sure, but then I heard the comments on the bonus. Perhaps I should take a few minutes to outline how real people in this State are struggling due to a collapse in the bank's processes. I heard Mr. Brown say that the bank apologises to its customers, but there does not seem to be much accountability. We also heard that it was a problem in Edinburgh. I represent County Donegal and it has a large number of Ulster Bank customers and the charges and interest that they have paid has paid the bank's bonuses over successful years. They made the bank very profitable, but they have been left high and dry due to a lack of a processing contingency plan in the bank. Mr. Jim Brown is the chief executive officer of Ulster Bank. Last night people asked me where the buck stops. Far from people saying that he should not be considering taking a bonus, they asked me to say to him, and I agree with them, that as soon as the mess is resolved, he should consider his position as CEO. Will Mr. Brown entertain the idea? It would restore customer confidence in Ulster Bank because many of them are considering changing from it because of the mess in which it has left its customers. As soon as the system is restored, payments are processed and the mess is cleared up, will he consider his position as CEO?

Mr. Jim Brown

Right now my focus is completely on getting our backlog of transactions fixed as quickly as we can and minimising the amount of disruption to our customers while doing that through the various things we have just talked about. In terms of accountability, there will be a full independent review of what caused the issue and how it was managed. It will cover the whole group, be it RBS, NatWest and Ulster Bank. Accountability will be sorted out once the review has been completed.

I shall not labour the point. In the past the State has seen problems that resulted from a lack of leadership and accountability in the banking sector. Does Mr. Brown believe in the principle that the buck stops with him? Does he understand that his bank's failure over the past three weeks has left people without normal banking services? It has put them at a disadvantage and caused them a lot of pain and suffering. The statement that was issued yesterday said that some of those customers will still be without their normal banking services one month after the problem arose. Does Mr. Brown believe that the buck stops with him? Does he believe, as CEO of the bank, that he should show leadership and say he will take it on the chin, this was a mess in his bank, he is the top person in it and he will take the appropriate action when the issue is cleared up?

Mr. Jim Brown

I am CEO of the bank and I accept responsibility. As I stated previously, we have been here for 176 years. We have an issue right now. My focus is on getting the bank back to normal as quickly as we can. That is my focus right now.

Does Mr. Brown take any responsibility for the disaster that has unfolded on over 500,000 people in the State?

Mr. Jim Brown

I am responsible for the business but I am also responsible for getting the business back to what it should be as quickly as we possibly can.

Does Mr. Brown take at least some responsibility for what has unfolded over the past three weeks?

Mr. Jim Brown

Of course. I manage the business. It is our customers who have been impacted. As I stated, it is my job to get that service back to normal as quickly as we possibly can. That is my focus right now.

Will the review, which I take as a review into the processes and how the batch was processed, etc., also look at Mr. Brown's position and the responsibility that he holds in ensuring that the proper contingencies were in place, the lack of which has allowed customers to be without normal banking services for five weeks?

Mr. Chris Sullivan

That review will be comprehensive. It will look at everything which occurred, from the RBS Group perspective, and right the way down through the contingencies in Ulster Bank as well. I might remind the committee that it was an RBS Group issue which Ulster Bank has been the victim of. The group chief executive of RBS has taken responsibility, as the buck stops with him, and has refused his bonus.

Rightly so. When one looks at the group under RBS, the banks, Royal Bank of Scotland and NatWest, do not have the issue that the customers of Mr. Brown's bank have. The question is, where does the buck stop in the case of Ulster Bank? Mr. Brown outlined in his opening remarks that he is the CEO of Ulster Bank and that is why I ask him to take the responsibility and to allow the buck to stop with him. He should take his lead from the CEO of RBS and follow suit, at least in terms of the bonus, but he needs to go further. I will move on from that point because I take it from the earlier comments that it is an issue he will not entertain, which is disappointing.

Does Mr. Sullivan have anything to add on that?

Mr. Chris Sullivan

This problem has affected both Royal Bank of Scotland and, in particular, National Westminster Bank too.

Do customers of those banks have full access to banking services at present?

Mr. Chris Sullivan

The vast majority of those customers do now.

The issue here, and this is the point, is that it is not merely about the system failure. This is what I want to tease out. We should have enough rigorous testing and contingency planning to ensure that a system failure did not happen but we also live in the real world in terms of IT. Sometimes these issues do arise. The failure of Ulster Bank - Mr. Sullivan is CEO of corporate banking division at RBS - is that they did not had a proper contingency plan in place to deal with the situation, which, according to themselves, will leave their customers without a normal banking service five weeks after the issue arose. The vast majority will have the service, but there will be still a significant proportion who will not have it. Why has the bank not had a proper contingency plan to deal with the backlog that would have arisen in processing claims?

They went into the detail of how the batch was being processed in Edinburgh. What is happening now, in terms of physical bodies processing the backlog? Where is that happening? Is it happening in the branches in the State or in Edinburgh? Who is responsible for it? Who is overseeing it? In my view, that is the biggest issue. That is the issue about which customers are asking, how long will it take until they can see how much they have got in their bank accounts and until they have normal banking services, and who is dealing with it.

Mr. Chris Sullivan

I will take those questions in the order in which they were asked. On the issue of contingency, the contingency has obviously failed and on that basis, we need to understand why it has failed. The independent review will bring that out and we will share those details with the committee.

We have given a backstop date of the week of 16 July, which is under a month. It is an exceptionally long time. We are really sorry about this. We would never have wanted to inflict this on our customers. Our customers are being exceptionally patient and we have disrupted them in a way we would never have wanted to do. As staff who have served customers, myself, personally, for 38 years, and Mr. Brown for many years as well, each of us fully understands what we are doing to our customers and we do not want to do that. We are trying hard to make their lives as normal as we can possibly make them while these issues are resolved.

In terms of the backlog, I am categorically assured that putting any more staff on this will not help and I am told the right staff are dealing with the issue. I can see regular progress, day by day. I am told we have the best experts in batch processing in the world in Edinburgh alongside us, looking and checking that we are using exactly the right methodologies to do this as quickly as possible.

I would remind the committee that this is an unprecedented event. Nobody has ever experienced this before. We need to understand why and we need to ensure this never happens again. I think we can all agree that is exactly what we would like to have happen.

Is the processing of the backlog being done in Ulster Bank or is it an RBS - Edinburgh - issue? Is it happening on site on this island?

Mr. Chris Sullivan

The processing of the backlog transactions of the batches has to be done in Edinburgh.

Is all of the backlog - all of the transactions and all of that manual work - done in Edinburgh?

Mr. Chris Sullivan

All of it has to be done in Edinburgh. It is all now being done in a more automated way with every single batch.

Mr. Jim Brown

As I mentioned earlier, 90% of the transactions have been through that batch scheduling process. There are other transactions that are done here in Ireland, such as payroll processing and the over-the-counter branch transactions. The transactions that get keyed at the branches are done in Dublin as well. The vast majority, for clarity, are done through that batch scheduler in Edinburgh.

What impact has the crash in their bank had on other banks and customers of other banks?

Mr. Jim Brown

We have been working closely with other banks. Right from when the event first occurred, I was in contact with the major banks as well as IPSO to try to work out how we minimise the impact on them. No doubt there have been impacts. There is the issue I raised earlier about payrolls. Where we were processing payrolls for customers where those payrolls went into other accounts, such accounts were clearly impacted. We have been working particularly closely with AIB, and I thank AIB for its support on this. Within a couple of days of the event occurring, we were able to make the majority of the payroll processing transactions go through that bank's facilities.

We also have been working with those banks for their customers on matters such as ensuring that they can gain access to salaries, access to other payments, etc., without being impacted as a result of us. There is a regular dialogue with the banks and also with IPSO.

I will ask these questions in conjunction-----

I promise to come back to Deputy Pearse Doherty. While everybody is under pressure, I am conscious that there are two or three colleagues who are under particular pressure.

I will put them into one question. Are direct debits still being paid out from the bank or is it dependent on the funds in the bank, in other words, if the lodgement did not go in, is the direct debit being processed?

I ask that these questions be noted and we will come back to Deputy Pearse Doherty.

On compensation, will the compensation be bank led or customer led? In my view, it needs to be bank led. The bank should not be relying on customers to approach it.

On an adjoining IT issue, the bank has failed to pass on the mortgage interest relief that was brought in by the Government in December's budget. It is one of the few banks in the State that has failed to do it. Six months on, those in mortgage distress are still not getting the mortgage interest relief. The bank has failed to give a date. Can they give a date?

Finally, when will all customers of the bank, not the vast majority, have access to full service?

This has been referred to as an IT glitch by all staff of Ulster Bank in Ireland. I would say that it has been a general fiasco of epic proportions. The banks handling of the debacle has been utterly shambolic and smacks of horrendous ineptitude. Two weeks ago, I wrote to the Royal Bank of Scotland's CEO but I am still awaiting a response from him. I find that absolutely disgraceful, given the huge numbers of people who have been affected by this debacle. Social welfare recipients have attended my clinics, as well as people who have not been paid their wages. I have had to divert them to the necessary charitable organisations, but that is just not good enough.

More alarmingly, however, I received a letter from Mr. Brown on 27 June telling me that customers' credit ratings would not be adversely affected by this debacle. Yet today I was notified that people have received warning letters about missed direct debits and loan payments. Is the bank mindful of the fact that it is effectively defaming people's good names as a result of its own ineptitude in handling the crisis and its failure to clear the backlog quickly?

Mr. Brown refused to rule out not taking a bonus this year. To be quite frank, I think that smacks of complete arrogance. All these people are being affected throughout Ireland as a result of Mr. Brown's ineptitude, so it is disgraceful that he would not seriously consider foregoing his own bonus this year, as Mr. Stephen Hester, the CEO of Royal Bank of Scotland has done. I find it utterly unacceptable.

Ulster Bank should agree to forego any bank charges until January 2013 for those customers who have been affected. I called for this three weeks ago and it remains my position today.

I am anxious to move on.

I just have a few quick points to make. Ulster Bank should also reimburse people for the cost of calling its helplines. How much has the bank spent on its IT budget over the last three years? According to an Internet advertisement, the bank has sought people to fill job positions for administration of CA7 at an annual salary of £10,000. I have a copy of the advertisement here if Mr. Brown would like to see it.

I am informed that inexperienced operatives failed to apply a simple software patch. They then tried to roll back on the patch and inadvertently cleared-----

Senator, please. A vote has been called in the Seanad which is why I allowed the two Senators to contribute quickly. I will give Senator Paul Coghlan 30 seconds to speak.

I just want to-----

No, Senator. I call Senator Paul Coghlan.

I have two very quick questions. I welcome the three gentlemen and note that they have three great Irish names: Brown, Sullivan and Ryan.

Mr. Jim Brown

Thank you, Senator.

Their role is important and vital for the future of Irish banking. I would like a commitment from them today that they will not be pulling out of Irish banking as a result of this situation, which is totally unprecedented. I note that in the final sentence of his written submission, Mr. Brown said the bank hoped to remain a vital and necessary force in Irish banking. I would like a firm commitment on that, if he can give it. Whatever may have happened, I think the bank is vital for competition.

There are lessons in this for others. It is equally vital that all information that comes to light should be made available to the other banking institutions. I would like a commitment on that. I am very grateful to you, Chairman, but you will have to forgive me because I must go for the vote.

I just want to tag on to-----

Finish that thought, Senator. I have been very indulgent and have taken members out of sequence.

I accept that, Chairman, but I just want to make one point. There are major, specific, technical questions to be asked here about the whole thing.

No, I am sorry Senator.

I am seeking an Oireachtas inquiry into the matter and I want cross-party support for that. I thank you, Chairman, for your indulgence.

Please, Senator. I have allowed you to speak and you are not a member of this committee.

I accept that and I am not trying to say that I am.

I have given you an opportunity, now please do not abuse the indulgence you have been given.

Mr. Chris Sullivan

Could I take the question on commitment?

Mr. Chris Sullivan

It is well known to many people that the Royal Bank of Scotland is a group that has been through very difficult times in the last four years or so. At that point, under Mr. Stephen Hester's leadership, we decided to define the bank in terms of a new core bank and a non-core element which was to be wound down. Ulster Bank was firmly placed in the core bank. It is a key part of our future; such a key part that we have invested £13 billion in that bank in some of the most difficult financial circumstances that have ever been seen. Our commitment has been evidenced in terms of real action. We believe in Ulster Bank being important to Ireland and we will continue to invest in Ulster Bank.

We are incredibly embarrassed and sad that we have impacted our customers in this way. We have some fantastic people working in this bank in this country, and they have done a marvellous job for us in very difficult circumstances. We owe it to them and to our customers to put it right, and we will do so. We will be honest about what went wrong and will stay and remain committed to Ireland. Ulster Bank will remain here. I promise - and I have already made this commitment to the other banks in Ireland - that we will share all of the lessons from this situation because we would not want them to experience this situation. It is incredibly difficult for our customers, our colleagues in the banking industry and for you as a nation. We recognise that and we will share that information as soon as we have it.

Mr. Jim Brown

As regards the comments that Senator Higgins made, I will follow up on the letter she sent to the chief executive of the RBS group. I cannot answer the question now but I will follow it up.

We are working with the credit bureaux and have already been in discussions with them. Clearly, we are still working through the transaction issues. No doubt, there will be some issues over the coming days that we will need to resolve. However, I have already given my commitment that we will ensure we work with the credit bureaux so that people's credit records are not impacted as a result of this issue.

As regards compensation, looking at bank charges and reimbursing people, as I mentioned earlier, we are working on that over the coming days. Hopefully, we will have something out that we can communicate some time next week. Things such as fees, charges and interest that people have been charged as a result of this, will clearly be reimbursed, but we are looking to have compensation over and above that. It is our intention to get that out as quickly as we can.

Very good. I call Deputy Ross.

Could Mr. Brown tell us how much he got paid last year?

Mr. Jim Brown

That is private information. My compensation details are disclosed in the annual accounts which have not been published yet, but they will be out in October this year.

How much did Mr. Brown get the year before?

Mr. Jim Brown

That is not pertinent here because my compensation for the year before was for the job that I did in Asia and the Middle East.

Can he give us a ballpark figure?

Mr. Jim Brown

I do not want to do that.

Would it be €200,000 or €300,000?

Mr. Jim Brown

I do not want to do that.

Five hundred thousand or a million?

Mr. Jim Brown

The numbers will be disclosed in the annual results when they are published in October.

So he will not tell us.

Mr. Jim Brown

Correct.

Did Mr. Brown get a bonus last year?

Mr. Jim Brown

I did get a bonus last year.

Was it a percentage of his salary?

Mr. Jim Brown

I do not want to go into the details. My compensation details will be disclosed in the annual report when it is published in October.

So Mr. Brown does not think his customers should know, as a result of what is happening, what he was paid?

Mr. Jim Brown

They will know when the accounts are published but they are not in the public domain until October.

All right. Could Mr. Brown help us in telling us what he got a bonus for last year?

Mr. Jim Brown

Does the Deputy mean the job that I did?

Mr. Jim Brown

My bonus last year was for the work that I did in managing the Asia-Middle East businesses for RBS, as well as the job that I did here for a period - for the first six months or so - at Ulster Bank.

So it was performance-related, was it?

Mr. Jim Brown

Correct.

Target related?

Mr. Jim Brown

It covers a whole number of factors: performance, risk management, compliance control - a whole range of issues.

Compliance control?

Mr. Jim Brown

Yes.

So if Mr. Brown gets a bonus for performance and compliance control, would it be appropriate that this year he would consider getting a cut for his failure to comply with the necessary regulations and plans, and the failures in these systems?

Mr. Jim Brown

As I mentioned earlier, my bonus will be reviewed at year-end. It is made up of a range of factors. I do not know whether I will get a bonus or not but all those factors will be taken into account and then I will make a decision at the time as to whether I should take it or not.

Will Mr. Brown consider taking a cut?

Mr. Jim Brown

I do not know whether I am going to get a bonus or not yet.

No. Would he consider taking a cut?

Mr. Jim Brown

I will review my decision on my bonus at year-end when I know what the-----

Does Mr. Brown see the point I am making?

Mr. Jim Brown

Yes.

Mr. Brown comes in here with hands up and says he is utterly responsible, he has underperformed - which he has done - and has let his customers down. They are still suffering. He took a big bonus last year for compliance and other things. Presumably it would be reasonable now for him to say "I have failed. I'm going to take a cut". However, he is not saying that. The answer to the question all the Deputies have asked him is obvious. He is going to take a bonus this year but he will get through this meeting by saying "I'm going to consider it". It is quite obvious that he will then accept it, otherwise he would say "No" at this stage.

Mr. Jim Brown

No. I cannot say that right now. I do not know whether I will be getting a bonus or how it will be calculated. A range of factors is taken into account and clearly risk control and other factors such as that are part of it. If there was a bonus it would be weighted accordingly, depending on how we resolve the issues here. It is a matter we will not know until the end of this year.

I put it to Mr. Brown that it does not matter how he resolves the issues because as he says himself, he is responsible for it. It does not matter how it is resolved, Mr. Brown is the wrong person, probably, to resolve it because he has been at the top all the time when things were going wrong. It should be other people who resolve it. Who will be part of the independent review?

Mr. Chris Sullivan

The terms of reference are being drafted by the RBS group and they will decide who is the most appropriate independent group to do that.

It will be determined by them. I ask Mr. Sullivan to tell the committee about the back-up plan. When was it last tested?

Mr. Chris Sullivan

It was tested in 2011. I cannot give the exact month but I may have some details in my office. It was in the second half of last year but I cannot remember which month.

Why has it not been tested since then?

Mr. Chris Sullivan

I understand that the back-up plan and the tests were defined within the overall plan for the department and they were handled appropriately.

This does not mean anything to me, to be honest. There are a lot of questions but the people who say they are responsible for everything have been unable to answer today. This is pretty unsatisfactory. The back-up plan should be tested regularly. Who tested it?

Mr. Chris Sullivan

I cannot answer technical-----

Who tested it?

Mr. Chris Sullivan

I cannot answer technical questions-----

That is not a technical question.

Mr. Chris Sullivan

That is what the review should be about. If the Deputy wishes to know the answer I will come back to him with that detail. I have not got the detail and I would not have the competence to-----

Perhaps Mr. Brown has.

Mr. Jim Brown

I reiterate that our systems are run out of Edinburgh. As I mentioned earlier I do not know when it was tested or when it was last reviewed. This will be part of the scope of the independent review which the RBS board has appointed. We do not know the answers to that question right now. The focus from my perspective is to make sure we serve our customers as best we can while the issues are being resolved and at the same time fixing the immediate issue to hand. Once we have dealt with that then it is clear a full investigation is needed of all the issues which the Deputy raises and we will look to see what has gone wrong.

Mr. Brown does not know the answer to that question.

Mr. Jim Brown

Yes, that is correct.

This back-up plan obviously has not been tested at all in the last six months because it was tested some time towards the latter end of last year, it could be a year. Surely Mr. Brown and the board would receive regular reports on this major risk factor. The back-up plan is one of the biggest risk factors for the bank or for any company of this sort. Mr. Brown is telling me that first of all it has not been tested for six months, second, he does not know when it was last tested, and, third, I ask when did it last go to the board.

Mr. Jim Brown

As I have mentioned, the key focus for me right now is to get our customers-----

I am not asking about what happens right now. I am asking what happened in the last year about the back-up plan.

Mr. Jim Brown

I cannot answer that question right now because an investigation is going to take place-----

Mr. Brown is the chief executive and he knows this information.

Mr. Jim Brown

I do not know the answer to that question.

Mr. Jim Brown

It is because right now, the focus from my perspective is to restore the service to our customers as quickly as we possibly can and to fix the immediate issue. That is 100% of my priority. Once this is done, I will then come back and look at the issues which the Deputy raises. Right now, the focus is on dealing with the issue we are managing.

The back-up plan is a high risk factor, is it not? It is one of the biggest risk factors in the bank.

Mr. Jim Brown

Yes, contingency plans are a critical factor in running the bank.

Does the board not get a risk report at every board meeting?

Mr. Jim Brown

Yes, the board gets a risk report.

Why does it not get a risk report on the most important factor it is to consider?

Mr. Jim Brown

As I mentioned I cannot tell the Deputy when the last report was done on the specific issue. Right now, my focus and that of my management team, RBS and the board, is on resolving the issue for our customers and it is also on fixing the problem. Once we get through that, we will then go and investigate all sorts of things to which the Deputy refers. Right now-----

I accept that you do not know. I am absolutely horrified, but you do not know.

I ask speakers to maintain some level of contact with the Chair.

I am horrified that they do not know. I apologise for addressing the witness directly. However, I think it is reasonable that they should know and that the board should know. How regularly are these back-up plans checked and how often does the board receive reports on the plans? The board should have been asking for a report at every meeting.

Mr. Chris Sullivan

The IT resources of RBS group, the risk report and the audits, go to the RBS group board which do this on behalf of Ulster Bank and Ulster Bank relies upon the efficiency of the RBS group process to provide its IT. Therefore, Mr. Brown would not receive those reports as they are outsourced through RBS group to the RBS group board.

Did the auditors not check the back-up plan?

Mr. Chris Sullivan

The auditors will check those plans and those reports will go up through the line to the RBS group board.

When did they last check?

Mr. Chris Sullivan

I have told the Deputy they were checked last year at the appropriate time.

Mr. Sullivan addressed that question. There is an extent to which the answers are satisfactory but there is a limit to what we can do if a person states he does not know. We will note these questions that have been left hanging in the account and we will ask the witnesses to respond to the committee in writing. The Deputies who have such questions might ensure those questions are on the list and the clerk will have taken note of them in any event. We would expect those answers to be furnished to the clerk and onwards to the members.

I have one final question about the regulator. Has the regulator been in touch with the bank in the last year about the back-up plan?

Mr. Jim Brown

I do not know the details of whether the regulator was in touch with us on the back-up plan but I can say that since the issue occurred we have been in regular dialogue right from the day the incident first happened. We were in dialogue with both the FSA and the Central Bank at least twice a day. We also had people in from the Central Bank monitoring our recovery plans.

This is quite unsatisfactory. We know what is going to happen but these guys have total amnesia about what happened to their bank last year.

I wish to put the Chairman on notice that I intend to raise in private session the manner in which the speakers are called. I have indicated to the Chairman before the meeting commenced and he has now called two Deputies who are not members of the committee and this is most unfair.

As the issue has been raised in public session we will have to deal with it now. In order to provide clarification, at the very beginning of the life of this committee it was set down very clearly that apart from circumstances where a Minister was before the committee the sequence of speakers would be as follows: Fianna Fáil speakers would be called first; Fine Gael speakers would be called second; Sinn Féin speakers would be called third; Labour Party speakers would be called fourth; Technical Group speakers would be called fifth. Today, Deputy Ross substitutes for Deputy Donnelly and he was called in the normal sequence in which he would be called.

I dispute the Chairman's interpretation-----

Please do not interrupt.

----and I do not wish to delay proceedings-----

Please do not be disruptive, Deputy Creed.

-----but I dispute the interpretation of the rules.

Please do not be disruptive or I will pass on. I will finish what I have to say since the Deputy sees fit to challenge the Chair in a disruptive fashion.

In addition, Senator Higgins is substituting for Senator Hayden and that is why she was called in the slot allotted to the Labour Party. Please do not interrupt me, Deputy Creed. I gave one indulgence out of the normal sequence which I will not do again, given that Deputy Creed has objected to it in the way he has. This was with regard to Senator Coghlan who spoke for 45 seconds because he had a vote in the Seanad. It is very unfortunate that Deputy Creed has raised an issue such as this in the public session but given that he has done so, that is the response. If he wishes to raise it subsequently in private session he may do so but I will not have him half raising it in public session and then saying he will not deal with it.

Chairman, I dispute that -----

Excuse me, you are out of order. I will pass to the next speaker if you do not cease this discussion and proceed with your questions in the manner in which I have invited you.

I wish to say I dispute the Chairman's interpretation but I will take it up at a later stage.

I welcome the witnesses to the meeting. I will return to a point raised by a number of previous speakers. I refer to an e-mail on this issue dated 5 July, which I received from one of many constituents of mine. He wrote that today for the first time in two weeks he finally got access to some of his funds. He said that while he acknowledges the need for banking institutions, he, along with thousands of others, will be leaving Ulster Bank once he is satisfied that his current bank transactions are up to date.

Should this constituent of mine and thousands others be on stand-by to pay Mr. Brown's bonus should he decide to accept it?

Mr. Jim Brown

I have already answered the question on bonuses. With regard to the specific issue of customers potentially leaving the bank, as I mentioned, we have had significant support from our customers in our dealing with this issue and I thank them for that. We have not seen any significant outflow of deposits from the bank during this period. As a result of the efforts people have put into making sure that we are maintaining the service at the best possible level we can get through our dealing with the issue. As I mentioned, we are making progress in catching up on the backlogs. From my perspective, it is important that we get our service levels back as quickly as we can. We have been here for 176 years and have a great record of good service, of being strong members of the community, contributing to the economy and so on. We need to get through this as quickly as we possibly can and get the service levels back to normal in order that we can carry on contributing as we have done in the past.

Mr. Brown mentioned that Ulster Bank will compensate customers who have been discommoded and who are out of pocket. Will he consider paying a loyalty bonus to customers who remain with the bank? I suspect, as is mentioned in the e-mail, that thousands of the bank's customers, particularly in light of every utterance Mr. Brown has made today with regard to his possible drawing down of a bonus, are likely to leave the bank in the absence of an assurance that they will not be asked to pay his bonus.

Mr. Jim Brown

In terms of the issues I mentioned regarding customers not being out of pocket, we have been very clear on that right from the start. Second, as I mentioned, we will make sure that people's credit records are not impacted as a result of this and we are looking at a range of options in terms of compensation to make to customers over and above the usual account fee rebates, interest charge reversals and so on. We are looking at all of those options.

That is compensation for how they may be out of pocket but is a bonus payment for customers remaining loyal to and staying with the bank something Mr. Brown will consider?

Mr. Jim Brown

We are looking at a range of different options in terms of compensating customers. Clearly from our perspective, we have a very strong loyal customer base, we have been here for 176 years and our intention, going forward, is to remain here. As Chris Sullivan mentioned, we are committed to being in Ireland, we want to remain a competitive force, therefore, clearly keeping our customers with the bank is very important to us.

Can Mr. Brown give us a categoric assurance that no commercially sensitive information has been compromised for clients or businesses?

Mr. Jim Brown

I can give the Deputy that assurance. Yes.

In respect of files that may have been corrupted in terms of the IT issue, what about the content of those files?

Mr. Chris Sullivan

I cannot give the Deputy a full technical answer. No data were damaged. It was a mixture of dates in particular, transactions from two different dates. All of that was manually restructured and cleaned and is back in its normal order.

Given the fact that this is substantially an IT issue, why did the bank not see fit to bring an IT expert from the Ulster Bank to the meeting today to answer the technical questions that Mr. Sullivan is unable to answer?

Mr. Chris Sullivan

The independent review will give the Deputy all that he needs and it will give us the answers that we need.

That is an independent review that is presumably being carried out by outside independent experts, but I presume the bank has in-house IT expertise.

Mr. Chris Sullivan

We have in-house expertise, as I have explained, in Edinburgh.

Why were they not brought here today to give us an interim explanation of what factually went wrong?

Mr. Chris Sullivan

We did not believe we had a full picture to be able to give the committee and, therefore, we decided to come and talk to the members about what we are doing to be able to keep the customers we have in Ireland with the services they require and to set out full activity in that respect. I got here 12 days ago after a telephone call from Jim and the vast majority of that time has been spent entirely focused on just looking after customers and making sure we mitigate the issues that they have got right now. We will look at the issues that come out of the investigation, sort those out and advise everybody but right now we need to fix the problem for our customers.

What proportion of Ulster Bank business is done online?

Mr. Chris Sullivan

I will ask Mr. Jim Ryan to answer that question.

Mr. Jim Ryan

About one third of our personal customers operate online and are registered for e-banking.

Does Mr. Ryan think their confidence in online banking will be substantially shaken by what has happened?

Mr. Jim Ryan

E-banking today is pretty much fully functional, with the absence of international payments. What has been missing is the full list of transactions that would appear on customers' statements when they would have gone online. That is primarily how they see it now. On the question of if they are happy, as their accounts are not fully reconciled with all transactions, the answer is absolutely not but over the coming the days that will be reconciled and they will see progress. If people check their accounts online over the course of the next few days, they will see the previous dates gradually update with those transactions.

Do members of the board of Ulster Bank have IT expertise or are they all banking experts?

Mr. Jim Ryan

We have a wide range of expertise on the board but not technology specific.

Is that a weakness in the board structure?

Mr. Jim Ryan

That is something we will need to look at as part of the investigation, once we have cleared up matters, when we do the review.

Mr. Brown has linked his decision about taking his bonus to the recovery of the current problem in his bank and getting your customers' accounts back up to date. To me, that is to completely underestimate the impact this incident has had not only on his bank but on the entire banking system on these islands. From talking to my constituents, I believe it has had an enormous impact beyond anything Mr. Brown seems to realise when he has said that he may or may not take a bonus at the end of the year.

The reality is that a war on cash has been going on over many years throughout the world but particular efforts have been made in that regard on these islands because we use more cash than other countries, both in the public sector and in private business sector, because of the costs involved in using cash, with which Mr. Brown will be very familiar. Will he accept that progress has taken a considerable knock as a result of this incident?

For people to surrender their hard earned purchasing power and all control over it to a bank, they must have absolute confidence that the bank is capable of managing their money and that confidence is definitely dented now. Everybody understands a glitch in a computer system and we recognise that this is a big computer system and that there are thousands of transactions, but what is scary for people is that the bank is not getting on top of the problem. Every day that it goes on, there is less and less confidence not only in Ulster Bank but in the entire banking system because people think that if it can happen there, it can happen anywhere. I am not a customer of Ulster Bank but my reaction to this incident is that I intend to hold more cash in the future and that may be as a result of other things that have happened in the banking system in recent times. Mr. Brown can be absolutely sure that his bank's customers - that is if the bank keeps them - will hold more cash.

Deputy Creed gave an example of one of his many constituents who has expressed concern about the long-term future of their deposits on account with the bank. I ask the witnesses to excuse my voice as they will note that I am struggling a little. I understand from constituents that the bank's branches are pretty much a scramble with all its customers trying to extract as much cash as they can and that has certainly been the case over the last week. People are trying to withdraw cash to ensure that they have access to the ability to pay bills that the bank cannot pay for them. Is the bank experiencing any liquidity problems and does Mr. Brown anticipate that it will experience them if this goes on for another few weeks, as he seems to think that it may? Deputy Creed has already raised the question of the loss of customers to the bank, which Mr. Brown might like to respond.

Another point I wish to raise, which has been touched on by others, is that Mr. Brown mentioned that customers would not be out of pocket. That is very minimum people would expect, that they would not be out of pocket as a result of mistakes made in Mr. Brown's bank by its failure to be able to keep people's accounts accurate for them. A constituent told me that she did not have her bin collected because the money did not go into the service provider's bank account even though she had paid or thought the money had been paid into her account in Ulster Bank. It is not the end the of the world if one's bin is not collected, but if one's electricity bill or insurance bill is not paid, that matters. If this goes on, this will happen to more and more people and this is much more serious than not having one's bin collected. Even more serious, however, is if one's credit rating is affected. Mr. Brown said he is working with the Irish Credit Bureau to do everything he can to prevent it having a long-term impact on people's credit rating but can he give me a guarantee that nobody's credit rating will be affected in the long term as a result of his bank's failure? It is devastating for anybody to find that their credit rating, through no fault of their own, will be impacted on. At a minimum, Mr. Brown must ensure that people are not out of pocket, and I expect nothing less than that, but can he guarantee that their credit rating will not be affected as well?

What effort is being made to contact other major service providers to let them know that people's bills are being paid? In terms of reports coming to me, customers of NatWest, for instance, are getting e-mails apologising for what is happening and updating them, as far as it is possible, on information about their personal account. There are no e-mails going out from Ulster Bank. I accept people can go online but they cannot find out how much is in their account. They have no idea, therefore, whether bills are being paid or if money has gone into their account. They have no access to information about their accounts. That is completely unacceptable. I hope it is a temporary problem but the long-term impact of it is frightening.

Mr. Brown is apologetic but the reality is that the entire banking system on these islands will be grappling with the fallout from the failure of Ulster Bank in this regard. I would like to hear Mr. Brown acknowledge that is the case.

Mr. Jim Brown

I want to be very clear that the bank is extremely liquid. It has no liquidity issues. It has the full support of RBS Group in terms of liquidity. That has been evident right through the crisis that happened in the past three or four years. As Mr. Sullivan mentioned, the bank has injected £13 billion of capital into Ulster Bank, therefore, there is no doubt that the bank has the liquidity and the capital to see this issue through.

In terms of the customers, we had a significantly higher level of foot traffic through our branches, particularly last week, and that was due to a number of reasons. People's monthly payrolls were due at the end of the week. We had welfare payments coming through as well. We were also at month end, quarter end and half year end for businesses and so on as well. Our foot traffic, therefore, was definitely higher. We added a significant number of people into the branches to try to keep their disruption to a minimum. We added 150 people to our call centres to ensure people could still ring us. As a consequence of the issue we are dealing with, clearly there was a demand for more cash but that was mainly to ensure that people could access their salaries and pay their bills. Since then, the volume of foot traffic has come down. I go to the branches regularly. I was in a branch this morning to see what was going on, and the foot traffic has come down. That is partly because we are now into the beginning of a new month but also partly because we are back into recovery. Customers' transactions are starting to come back through their accounts as well.

In terms of the cash issues, and Mr. Ryan might talk a little more about the footfall in the branches, we will see that gradually improve as we get through the backlog but, as we have committed, we will continue to keep longer hours through the week and the weekends until such time as we get the matter behind us.

In terms of confidence, the easiest way for us to restore confidence now is to get the systems fixed and get through the backlog. As I mentioned, we are making progress since the weekend. We have seen significant improvements in the technology and a significant amount of the backlog being cleared. As I mentioned, we will get through that this weekend and into next week. We need to get through that and get our services back to normal and back to the way we have operated for the previous 176 years. Mr. Ryan might give an update on the branch foot traffic.

Mr. Jim Ryan

It has come back in the last day or two. We had a spike in volume in the past two weeks. Typically, combined with telephony, traffic was up by approximately 50% but we have manned all the customer facing channels to be able to deal with that. Not all the activity and the customer questions are of a cash nature, and we have provided some solutions in that respect which are non-cash driven. For example, if someone wanted to use their cards rather than carry cash, in many instances we have temporarily raised their credit card limits to facilitate them making withdrawals of a cash nature if they required, with no fee imposed or interest charged for that withdrawal of cash.

We have done the same for people abroad who are in the same situation. Typically, people do not want to carry a lot of cash when abroad because of the security risk. We have transmitted in the region of 500 individual transactions of cash to people who needed it abroad but if they wanted to use their credit card abroad we have a telephone number they can ring to increase their limit temporarily and allow them use their cards. In terms of the contingency we have put in place to facilitate customers, albeit with manual transactions, we are reasonably happy that we have done a reasonable job in that regard.

Some of the communication issues that have been mentioned are largely to do with the timelines that were mentioned and our failure to achieve those timelines. We spent a lot of money on press and media, and invested a lot of time in terms of media interviews over the course of the past two weeks to try to update people and publicise the freefone number we had in place to encourage people to talk to us either in the service centre or in the branch network to allow us facilitate them.

What about the credit rating issue?

Mr. Jim Brown

In terms of credit rating, we have communicated from day one that we will make sure that people's credit records are not impacted as a result of the issues we have caused. We are already in dialogue with the credit bureau as to how we do that.

The Deputy also touched on the issue of compensation. As I mentioned, we have said that people will not be out of pocket as a result of this issue. We are working on other compensation arrangements that we hope to be able to communicate some time early next week.

On the broader issue of the impact on the entire banking system and the lack of confidence people will have in banking in terms of surrendering their hard-earned purchasing power to banks in the future, that will definitely be part of the fallout from this issue. Does Mr. Brown accept that it is not confined to Ulster Bank and that it will have an impact on all banks?

Mr. Jim Brown

The key thing for us is that we have been here for 176 years and, to my knowledge, this is the first major disruption we have had in terms of service to our customers and to customers of other banks. What we need to do is complete the independent review the board has commissioned, understand the detail of what caused it and how we can make sure that it does not happen again. It is not just for Ulster Bank but for banks more broadly, hence the reason we said we are happy to communicate the results of those findings to other members of the industry as well.

I thank my colleague, Deputy Michael McGrath, for his gracious courtesy in staying to hear what might be the final contribution from this side of the Oireachtas. Deputy McGrath is a chartered accountant and I, too, am a chartered accountant. Having worked in a business bank for 20 years, I have audited every type of financial institution from insurance companies to banks and so on and therefore it is because of my curiosity from a professional viewpoint that I want to examine what has been presented to us. I listened carefully to all the contributions, and will deal with them in a calm, measured and logical way because there have been inflections of emotion and headline appeal in some of the questions and the conversations that have taken place.

Mr. Brown mentioned that his bank is 176 years in business providing service but we must remember that the RBS flavour to the Ulster Bank is a very recent arrival. It is as recent as the board that was headed by the ancien régime, and the chief executive in the form of Fred Goodwin, which had a totally different culture from the ethics of the previous 160 years. I am afraid that culture probably remains, but from an audit point of view the business of banking can be summed up by asking once a year if all the transactions in that year got properly recorded in books and systems that have a validity, that are not corrupted and that are reliable.

The audit report will say that the profit and loss account and balance sheet are in agreement with the books and records which have been properly kept. To arrive at that conclusion, even by the more modern systems of auditing, one has to test everything by internal controls, which include all systems in the bank, including internal audit controls and reports of the internal audit exercises carried out throughout the year, as well as the external auditors' reports, exercises and investigations. If there are any weaknesses, perceived or suspected, they are discussed with the management and the board, and are recorded.

From our conversations with the Central Bank and the regulator it does not appear as if there were any meaningful conversations in these areas, so that is a big deficiency. This is what I was trying to say to the Chairman to be helpful, at an earlier stage an hour and a half ago. In his presentation, Mr. Brown stated, "The exact cause of this issue will only be known once we have carried out a full investigation, which we will do as a matter of priority once the backlog has been fully cleared." If we read that sentence carefully it tells us exactly where we are, which is in the dark. Ulster Bank is still in the dark and we, as listeners, are in the dark if we read that sentence as it was expressed. That is the truth of it and everything else that has been discussed here today is, as the judges would say, obiter dicta - interesting, surrounding pieces of information.

Let us go back to the mess, however, which concerns real people and real businesses. It is equivalent to 20% of the electricity grid being out of action. When people go to branches and try to struggle through some cash transactions to tide them over for household and business requirements, it is like ESB depots giving people candles to do their domestic or commercial work. It is not on.

The Irish Payments System Organisation is the clearing house system for commercial and financial conversations between banks, so that all transactions get smoothly through the system and people can get on with their lives. We have not heard exactly what the IPSO is doing. I did not get an opportunity to ask the question yesterday because I was at the tail-end of the conversation. I suspect, however, that it is giving stand-by, open-ended liquid facilities to Ulster Bank, so that the bank can in turn have fairly open stand-by facilities for its customers.

There were also inconsistencies in this conversation. Please indulge me, Chairman. I have been patient. The inconsistencies are in the presentation and in the responses to questions. For instance, we were told that all the software is handled in Edinburgh and there is no outsourcing. If that is the case, it presents a fairly easy opportunity for the external auditors to have a thorough and comprehensive ongoing conversation with the bank's internal auditors, and with the group's internal auditors, to ensure that the stand-by systems recording in the bank were comprehensive and not corrupted, rusty or inoperable, which is the case.

Even at home on a PC, one has daily updates so that if something needs to be corrected today, one goes to yesterday's update or frozen picture to do the corrections. In the vague darkness of what has been described here, how can one fix something if one does not know the cause? One cannot do so; that is the honest answer. The question arises as to whether these software interventions have a retroactive corrupting effect on the previous compound and accumulated information on the Friday before that weekend. If somebody did some interventions with the systems, did they corrupt the stuff going back maybe a fortnight into what should have been a cut-off and inviolable information set, as of that Friday? I suspect that is what happened.

There is a lot of factual stuff that could have been addressed or answered by saying "I don't know, I'm trying to find out." If the bank still does not know, it is like treading water on a mill - getting nowhere but just going through the motions, with branch staff doing so many things. I am not trying to be unhelpful but the bank's representatives should address the questions. In my view, there should be external auditors here because they could answer questions. They ought to have the technical expertise also, because they cannot know if the books have been properly kept unless they have IT experts. They should be looking at every intervention in the year to test what happened at those intervention points, and discover who authorised them and who carried them out. How long did it take and were there any setbacks? Were there tests before they were actually completed?

We should not be shy and embarrassed about things. We are in a recession at the moment and the country is hurting. Bank customers and their families are under strain. Some families have broken apart, while other people have taken their own lives because they cannot carry the burden.

As regards the Irish Credit Bureau and clients' credit worthiness, there should not even be a question about this. It is the credit worthiness of the bank that is at issue. Look at the balance sheet mess from the previous boards and chief executives - the Fred Goodwin era, for want of a better term. The balance sheet was so wrong but where were the auditors to look at the financial structures and engineering? Mr. Brown would know about this. The loan-to-deposit ratio was out of control and the strategic decisions were all wrong. A bank needs different maturities of funding to match the maturities of the assets in which the funds are used to invest. I just do not buy all these buzz words.

The residual, cultural attitudes from the Goodwin era still prevail. We are all stepping up to the challenge of facing into this recession. There is huge pain. I will read out an e-mail sent to me on Tuesday by an Ulster Bank customer:

Dear Mr. Mathews,

I am a constituent in Dublin South, living in Ballinteer. I am writing to you to express my deep concern with the situation at Ulster Bank and my deep disappointment with the political response from the Government and lack of action by the Central Bank and the Financial Regulator. Our company has significant funds in an Ulster Bank account, which we cannot access, and they will not answer their phones to talk to customers. [This is the experience. I am not making this up. I do not know this person.] Or they won't give you your money if you go into the branch. If the bank is actually bust, and I suspect that this may well be the case, we'll be out of business with the loss of seven jobs - it is a small business in the media sector - and now those who need money for day-to-day living expenses are having to borrow from family and friends to pay for food for their families. This is a national disgrace and I implore you to speak out on behalf of the ordinary people of Ireland. Whilst you may be an ex-banker, I believe that you are an honest man, so please do the right thing by us.

Yours sincerely...

I do not know that person but that is typical. The committee heard Deputy Michael Creed read out his letter and this is happening all over the place. It is unbelievable that the stand-by systems have failed in the way they have. It is equally unbelievable that the cause is not known; the witnesses said so themselves. Whatever it takes, the bank should get its people to explain to their customers what is going on. Who are Ulster Bank's external auditors?

Mr. Jim Brown

Deloittes.

Deloittes should be there with Mr. Brown. Who is in charge of IT in Edinburgh? They should be there. The Chairman asked whether Mr. Sullivan has been aware of the reduction from 60 to 30 in the number of people in the IT section in the Edinburgh RBS division. He said that he did not know. That is an awful lot of "Don't knows" when the answer should be "We do know." If he did not know then he should have found it.

I must think about my next question carefully. Of course there will have to be re-indemnification of the costs or the out of pocket expenses and the reasonable consequential losses for customers. One cannot say that for 176 years there was a continuous chain of the same value system. That was not the case. The original shareholders in RBS and Ulster Bank have taken a massive hit. The citizens of England have also taken a hit because there has been between €8 billion and €9 billion of loan portfolio write-offs on the balance sheet. There was a balance sheet history that showed, let us say, €9 billion of losses from boards that were literally unqualified and incompetent to know what they were doing structurally. Internal auditors and external auditors evidently fell short. They should have written in red and in a large font on the audit opinion in addition to the technical agreement that the profit and loss account showed the result of the year, the balance sheet showed the assets and liabilities of the year end, and that they were in agreement with the books and records that have been properly kept. That is a lot of stuff to get right. They should have said that in their opinion they gave a true and fair view of the results for the year and the balance sheet picture for the year end. Some of the audit reports ran to 200 pages but that was a waste of paper. The pictures of a profit and loss account and the balance sheet with the proper work done could have been presented in ten meaningful pages. It should have been written in large red letters to clearly state for shareholders that there was a major departure from prudential banking and loans to deposits are now at 130%. They should normally be about 90% maximum by well tested, century old practice in prudential operation.

It can all be reduced to simple good banking and that is what banking is all about. The operational controls and risk management include having authority for transactions, recording of the transactions, integrity and inviolability of the path for those transactions and that is what it is all about. Tesco deal with millions of transactions for physical things yet things do not go as disastrously wrong. The banking business is all about record keeping, transactions and ensuring that they are speedy and accurately done without any unreliability and credit bureau checks. That is the essence of the business. It is unthinkable that the bank can even begin to say that it will make sure that nobody's credit rating is affected. The bank's credit rating has been shot to bits. It said that it had plenty of liquidity. It would have when one goes to the head office of RBS. The next question then arises. What is RBS's state of affairs? The whole banking system needs major self-examination, honest self-examination and honest stepping up to the mark. With respect to Mr. Brown, any salary in any bank over €250,000 is wonderful remuneration. Chief executives should get down on their knees and thank God every night that they get it.

Mr. Stephen Hester has indicated that he has got a little bell in the back of his head ringing those tunes. Does anyone know why? When he was made chief executive of RBS he said that his mum and dad thought that he was being paid too much and he agreed with them. I remember reading it and being impressed. At the time I said to myself that I hoped that new view of the world will filter down into the reality of running a bank and be contagious in other banks too.

I have a little bell ringing at the back of my head that tells me that it is 5 p.m.

Was I calm, measured and logical?

The Deputy is always all of those things. I want Deputy McNamara to finish the debate.

I agree that we want to fix the problem.

We must find out what the problem is. Paragraph 3 of the CEO's submission stated that the bank does not know. Is that not the honest truth?

Mr. Jim Brown

Right now the key focus is servicing our customers while we fix the problem.

In fairness to Deputy Mathews-----

I hope the Chairman will be.

-----the question in his very last sentence was that the bank "Don't know, so you don't" and requires a "Yes" or "No" answer. It is a fair question. The bank "Don't know".

It was a question that I tried to ask about an hour and a half ago.

It is not the whole story. Not knowing what happened on the night is not the whole story but it is a net question. The net question is that the bank does not know what happened on the night. Is that right?

Mr. Jim Brown

Right now we are trying to clear the backlog.

We understand that.

He does not know.

The bank does not know and I asked if that was true.

Mr. Jim Brown

We do not know how the issue was caused and why the backups did not respond as they should.

Mr. Jim Brown

We will have an investigation into that and, as we said, we will bring that information back to the committee.

It is like a mechanic. If one does not know what the problem is then one cannot fix the boiler.

The bank has said that it will carry out an investigation.

Mr. Jim Brown

Correct.

I am sure that Mr. Brown is well aware by now that the bank has a lot of irate customers around the country. As he said, the bank's ordinary staff are working extra hours and extra people have been rostered. They are the ones that must bear the brunt of the problem on the front line. What measures have been put in place to remunerate and compensate the ordinary workers who are working under tremendous pressure.

Mr. Jim Brown

We have put in place extra compensation. Overtime payments for the extra hours that have been worked are in place.

Is that extra overtime?

Mr. Jim Brown

That is correct.

Is that over and above the normal overtime?

Mr. Jim Brown

I cannot give the Deputy the specifics but I can bring that information back to the committee. We have put arrangements in place to compensate our staff for the extra effort over and above what is going on on a business as usual basis.

Will they qualify for bonuses due to the pressure they are under?

Mr. Jim Brown

Bonuses for myself or the staff of Ulster Bank go through the same process that I mentioned earlier and will be examined at year end.

Does that happen for ordinary staff that have interfaced with customers?

Mr. Jim Brown

For all bank staff.

The CEO said that he will not make a final decision on his bonus. Will he consider handing it over to the ordinary staff because they have had to bear the pressure?

Mr. Jim Brown

I gave my response to that question. I will examine it at the year end as to what I will choose to do.

Will he consider handing it over to the ordinary staff?

Mr. Jim Brown

I will wait until the year end. I want to see if I get one first and then I shall decide on what I will choose to do.

A number of members have gone over that issue. Mr. Brown indicated that he would not exclude accepting a bonus and he would not make a decision until the time came.

Mr. Jim Brown

That is correct.

I presume that he knows the current situation from internal contacts in the bank and from the level, extent and nature of the complaints that he has received. I want to reiterate the problem but I will not read out all of the complaints that I have in my hand. I am sure he will appreciate that we know and have a good grasp of the individual trauma that people are faced with. We expect that he has been told the same as what we have been told. It is not always the case that people feel that they have been responded to quickly and that their issues have been expedited. Some people have told us that.

Mr. Ryan should know that as well because he said that the bank has engaged with 99 out of 100 cases. As late as yesterday, parents contacted my office about their son who is abroad who could not access his account and that they were advised to utilise the Western Union to forward money to him. He still could not access money from his account yesterday. That is an issue.

On 3 July a retired pensioner also contacted my office to state that their private and State pensions had not been credited to their account for two weeks. Someone else contacted my office on 2 July. I am worried that when things get back to normal the bank will debit bills before crediting accounts. In other words, will adjustments happen in the proper sequence and benefit the customer? Will they end up with money being taken out of their accounts before a lodgement takes place? Someone else made what looks to me as a layperson, a reasonable suggestion of a pay date. I presume that the delegation is familiar with the meaning of that term. It would afford customers time to review their transactions and check that moneys due have come in. In addition, before the bank returns items it should give people an opportunity to check that all credits have been received and all debits are correct. If the bank returns items without giving the customer a chance to review the account, the consequences could be damaging to all parties. They are suggesting the notion of a pay date - to pick a date five days after the problem has been resolved to allow this interregnum to occur so that things can be sorted. This is a flavour of what I am receiving in my office and I am sure it is the same for other colleagues. In circumstances where a person has a direct debit on foot of a term loan, for example, and the system has not made the payment, does the system generate a warning letter to the individual? The suggestion is that people are receiving the warning letter that the direct debit has not happened. For example, an individual discovered that the bank was proposing to charge a penalty fee for an unprocessed direct debit in circumstances where the person was not a fault. These are the concerns being conveyed to us from constituents. I invite the witnesses to address those concerns and to make any closing remarks.

Mr. Jim Brown

On those specific issues or any others that any members of the committee know about, I would be more than happy to take those complaints to see how arrangements can be worked out for those customers as quickly as possible.

Over the past two weeks our focus has been to try to minimise the disruption to our customers as much as possible by the various means outlined earlier, while at the same time endeavouring to fix our technology issues and backlog processing. We are making progress; we are on top of it. However, it is clear that significant numbers of our customers and those of our other banks have been disrupted. As I stated in my opening remarks we sincerely apologise - I sincerely apologise - for that.

It is my intention that once we get through this issue over the next couple of weeks, I want to get Ulster Bank back to where it was before the crisis. We have been in the community for 176 years, giving good service, supporting our customers, supporting business and the economy. It is my intention to get that reputation back as quickly as possible. The focus in the short-term has to be to a resolution of the issues.

A transcript of this hearing will be available in a few days' time. With the agreement of the witnesses I propose to send them a copy of the transcript to give them an opportunity to review it because there are a number of questions which the witnesses indicated they would be prepared to address when they had an opportunity to take instructions and advices. I ask the witnesses to revert to the committee with any further comments, observations or answers to questions asked and which they were not in a position to answer today. I ask that these be returned to the committee without any due delay.

I thank Mr. Sullivan, Mr. Brown and Mr. Ryan for their attendance, for making their presentation and for dealing with the questions.

The joint committee adjourned at 5.05 p.m. sine die.
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