The Sunday Business Post 16 News March 3, 2019

Ross’s pet project is tied up as Seanad legal eagles stymie bill

Main picture: the National Children’s Hospital. That would Eight months, 63 amendments and 75 Seanad chamber push back the debate on the judicial ap- in Leinster House, pointments bill to the evening, by which where Shane time McDowell would be back. Wilson hours of Seanad time later, the judicial Ross (above left) got his party colleague, Senator Terry has been trying Leyden, to propose it. appointments bill is still going nowhere to get his judicial But Fianna Fáil was amazed to see the appointments bill Sinn Féin senators supporting through but it’s in voting down the motion to bring in the he judicial appointments Commons to force British MPs to take being filibustered minister and delay the debate on the bill. issue is to home rule seriously. Jimmy Stewart by Senator Later, Senator got a missed what the border wall is played the small-town hero who hero- Michael McDowell call on his phone from Ross. When he to Donald Trump. The ically filibustered all night long in Frank (above right) rang back, Ross told him that he had been Minister for Transport Capra’s classic film Mr Smith Goes to Collins/Rollingnews watching the debate and complained has been obsessed with Washington. McDowell is known to have about the motion that Leyden had put the idea of passing the asked one of the independent senators down. Ross got wind of the fact that bill, which is designed to do him a favour when making his had been behind the Michael to change how the country’s judges are contributions: “Speak more slowly.” motion – and he complained to Wilson Brennan Tappointed, before he finishes up in office. But all that talking on the judicial bill when he met him too. He has invested huge capital in the can exhaust even the most determined Political project, but after passing through the senator. Sometimes they need a different Dáil last year it has ground to a halt in delaying tactic. That is where the quorum Flanagan’s attitude Editor the Seanad. comes in. Minister for Justice Charlie Flanagan’s The judicial appointments commis- reservations about the bill were well sion bill has now been in the Seanad known when he started off with it. But since June last year and has consumed The quorum Clockwise from he has to get it passed because it is a com- at least 75 hours of Seanad time. That is Under the Seanad rules, there must be near left: Charlie mitment in the Programme for Govern- not normal. Ross is facing a determined 12 senators in the chamber for it to do Flanagan, the ment, inserted there by Ross as part of bunch of opponents who have been em- business. This is known as a quorum. In Minister for his price for keeping the Independent ploying several parliamentary tactics to reality, the upper House often falls short Justice; Gerard Alliance in government. stall his bill. A spokeswoman for Ross said of that number but senators turn a blind Craughwell, As time has gone on, his supporters that ‘voices from the Law Library’ were eye to it. McDowell and the other oppo- independent have said that his perspective has shift- wilfully frustrating the bill. “The min- nents of Ross’s bill have been calling for senator; Ivana ed. He is sick of having to come into the ister is deeply impatient about the legal quorums to slow down proceedings. Then Bacik of Labour Seanad to spend hours and hours on the eagles’ filibuster, delaying a key piece of the proceedings have to be suspended if Rollingnews/ judicial appointments commission bill. reforming legislation in the interests of there are not 12 senators present. Fergal Phillips He just wants to get it passed and get out their profession,” she said. McDowell had a recent row with Fla- of there. His frustration is becoming more There are several Senators with legal nagan, who accused him of arrogance. “I being used as a delaying tactic in this businessman Denis O’Brien. They had obvious. There are around 20 sections of backgrounds who are opposing the bill think we need a call for quorum in order case. We have got to the point where realised that the bill was moving much the 63-section bill left to debate at com- – Labour Senator , who is a to allow the minister to calm down,” we need to make a decision. It’s time to faster when he was not there. One gov- mittee stage. It is taking about a week to barrister, and Fianna Fáil senator Lorraine said McDowell. finish up,” he said. ernment adviser is known to have been go through each section. Then it goes on Clifford-Lee, who is a solicitor. But the But the quorum tactic was recently One single amendment put down by making inquiries about when McDowell to report and final stage, which will also real target of Ross’s ire is Senator Michael undermined by the Seanad committee McDowell – number “86g” to be precise – was actually down in the Four Courts, so take significant time. McDowell. which sets the rules for the chamber. took three weeks before it was eventually that Fine Gael and Sinn Féin could sched- At one stage last month, Flanagan was Instead of needing 12 senators to have voted down. Fianna Fáil senator Gerry ule the debate on the bill in his absence. asked about the changes he has promised a quorum, they now only need to have Horkan, who often chairs the debates The government saw its chance two to make to the bill at report stage. “We The lengthy speech six. But the rebel senators can still use on the bill, wraps up the proceedings weeks ago, on the day that Sinn Féin may never get to report stage,” he replied McDowell is the acknowledged leader another tactic: the walk-through vote. each time by asking senators to “report was moving a motion of no confidence gloomily. “It has become trench warfare of the campaign of opposition to the bill. progress” on the bill. He is often tempted in Minister for Health Simon Harris over between himself and McDowell,” said He is a barrister, a former justice minister to add: “Or the lack thereof.” the cost overruns in the National Chil- one government source. and a former attorney general, as well The vote dren’s Hospital process. McDowell was Mention of the word ‘filibuster’ has as a columnist for this newspaper. His The senators opposed to Ross’s judicial down in the Four Courts in the morning prompted an indignant response from main tactic has been to submit proposed appointments bill do not have the votes to McDowell’s absence and afternoon. the opponents of the bill. They all main- changes to the bill, known as amend- block it. There is a very unusual alliance The government’s hopes of getting the Fianna Fáil’s Seanad chief whip, Diar- tain that the bill is unconstitutional, and it ments. He can keep talking about them between Fine Gael’s 19 senators and Sinn bill through the Seanad were raised re- muid Wilson, came up with a plan to call is their duty to either amend it or block it. for as long as he wishes because there Féin’s six senators in favour of the bill. cently due to the fact that McDowell was Minister for Finance Independent Senator Gerry Craughwell is no time limit. Sinn Féin has agreed to support the bill the lead barrister representing The Sun- into the Seanad to explain what health told the Seanad last week: “Let somebody McDowell has submitted 63 amend- in return for the government agreeing to day Business Post in the defamation case capital projects would have to be can- show me where I have been vexatious ments so far, including four new ones include sentencing guidelines in a sepa- being taken against the newspaper by celled to pay for the cost overrun in the or frivolous in what I’ve done.” last week. Each of them has been ac- rate judicial council bill. It is a straight- McDowell himself has stated that the companied by a lengthy speech. Min- forward case of “you scratch my back current judicial appointments system ister for Justice Charlie Flanagan is the and I’ll scratch yours”. Others supporting Judgment call: how the new system would work is “operating perfectly well” and that person responsible for the bill and he the government include Senator Brian the government is trying to “politicise has to respond to each amendment. Mc- O’Domhnaill, formerly of Fianna Fáil, The main purpose of the be drawn from the courts, evidence of political partisan- the appointment of judges by handing Dowell can then speak again in response who has said he believes the current Judicial Appointments Com- the Office of the Attorney ship in the decision making the entire function over to a group of to Flanagan – and he invariably does. system allows for too much political mission Bill (JAC) is to change General and lay people. The of the Irish Supreme Court. lay people”. “McDowell is a genius. He can make the influence in the appointment of judges. how the country’s judges are commission will be headed The bill was introduced But make no mistake about it, this is same point in 15 different ways,” said But voting can still be delayed to slow appointed. by a director and will have a by Minister for Transport, the biggest filibuster in modern Seanad one senator. down the bill. In most cases, McDowell The current system for budget of €500,000 per year. Tourism and Sport Shane history. The government is powerless to McDowell has a supporting cast that and his fellow opposing senators lose the appointing judges sees a The bill aims to make judi- Ross as a precondition to him do anything about it. It does not have includes other independent senators electronic vote by large margins such as body known as the Judicial cial appointments more open. entering government. The JAC a majority of votes in the 60-member such as , Victor Boy- 24 votes to 11. That process takes about Appointments Advisory Body The bill states one of its aims bill seeks to address concerns Seanad. So it cannot employ the contro- han and David Norris, as well as Bacik. eight minutes – four minutes for the (JAAB) identify a long list of as having a judiciary that regarding the over-politicisa- versial guillotine tactic – putting down a They usually need no encouragement to voting bells to alert senators and four candidates and send them reflects the diversity of the tion of the judiciary. motion to finish the never-ending com- speak but at times McDowell gives the minutes for the actual vote itself. But to the cabinet who then pick population as a whole. Any- However, ensuring that the mittee stage debate on the bill. signal, like a WWE wrestler beckoning then one of the opposing senators will out the names. The JAAB one wishing to be appointed best candidates are appointed There have been mutterings in gov- his tag partner into the ring. “I understand call a walk through vote. So the same is chaired by the Supreme to the judiciary would go to depends on the commission ernment that the next administration Senator Craughwell wishes to contrib- senators who have pressed their but- Court Chief Justice Mr Frank a neutral body for evaluation as well as the goodwill of cur- will return to the practice of appointing I think ute,” is how he sometimes puts it. ton to vote electronically, have to “walk Clarke and has a judicial ma- before going to the govern- rent and future governments party hacks to ensure it has a majority. we need These senators, too, can make con- through” to record their vote on paper. jority. ment. The new commission in following the recommen- Eleven of the 60 senators are nominated tributions in favour of the amendments That takes another ten minutes or so. Under the new bill, an ap- will be able to deal with all dations of the commission, by the of the day as indepen- a call for submitted by McDowell, as well as This process can be repeated for every pointments commission with appointments, unlike JAAB meaning that the proposed dents. Many of them have opposed the quorum amendments of their own. Then they single amendment put down for the bill. a lay (non-legal) chairman which only dealt with initial legislation would do little to bill. They have been too independent for can tag out, to let McDowell back in. “Per- Needless to say, the senators who are not and a lay majority will pick appointments. stop a government appointing the government’s liking. to allow haps my colleague, Senator McDowell, actively involved in the bill are getting out just three candidates for The Constitution provides its own approved judges. In The Seanad opponents of the bill are the might have more to say,” said Craughwell frustrated at having to keep trooping in each judicial position in order that judges are appointed by order to prevent that, con- determined to keep talking it out in the recently. McDowell did. for these votes. of preference. The list will the President. That power stitutional reform would be hope that there will be a general election, minister The senators who are opposing the bill Fine Gael Senator , who be sent to the cabinet, where is usable only on the advice needed. and the bill will fall. “Brexit will have to calm through time-wasting speeches are fol- is the , said that walk the final decision will be of the government. The bill The bill is at its third stage happened before this bill is passed. The lowing in the tradition of Charles Stewart through votes were being called on the made. The membership of the retains that position. A study before the Seanad. Shane Ross bill will have to be adopted down Parnell. He and other Irish MPs used fil- judicial appointments bill even when 17-person commission will published in 2017 found no Eithne Dodd by the incoming government,” said one ibustering in the 1880s in the House of there was no chance of success. “It’s Fianna Fáil senator. The Sunday Business Post 16 The Sunday Interview October 14, 2018

Paschal Donohoe

FERGAL PHILLIPS The budgetary plans I’ve laid out ‘‘ are capable of withstanding many of the different Brexit challenges influenced his ‘centrist’ thinking for Bud- for income tax in his last two budgets pressure to invest it in providing more Paschal Donohoe might be a Star Wars get 2019. One was WTF by ITV’s political CV: which would have a ‘noticeable effect’ housing. editor Robert Peston, which explores on take-home pay. “As things stand at the moment, we’re nerd, but he is determined that a hard what can be done to mend the fractures Paschal Donohoe And on the bankers’ pay issue, he said nearly at the highest (national debt) of in society. Another was The Entrepre- he wanted the review to establish the any country in the developed world. In Brexit won’t have a Death Star-like neurial State by Mariana Mazzucato, who Role: Minister for Finance scale of the issue in relation to banks’ the decade beginning at 2007, we added effect on the Irish economy argued that it was the heavy spending of losing their staff to IT companies. €150 billion to the national debt. And I the US government which led to the in- Age: 44 “As difficult as the matter is, I just sim- think it’s very, very,’’ very important that vention of GPS navigation, touch-screen ply have to be mindful of the fact that we have a trajectory established of how same success as we have reclaimed our technology, and voice recognition. These Lives: Phibsboro, Dublin 7 we now have an increasing number of we can lower that debt,” he said. national flag. For too long, we have al- inventions were then used by private companies in a post-Brexit Ireland that There was no sign in the Budget of the lowed those frameworks to be captured firms such as Apple, which combined Family: married to Justine with two are very significant employers in tech- promised merger of the Universal So- by Sinn Féin and the far left,” he said. them into the smartphone. children, Oscar and Lucy nology and in banking and in financial cial Charge and PRSI, which was a key Donohoe said the book had helped services, none of whom are subjected to promise in Leo Varadkar’s manifesto to to make him more willing to speed up Newsworthiness: has just delivered our current wage policy,” he said. become Fine Gael leader. But Donohoe Michael Brennan The Death Star effect capital spending, which is going up to €7 his second full budget Donohoe’s department has been seek- said that a working group was due to His office in the Department of Finance billion next year, and to set up a €500 ing private sector expertise to identify the deliver a report on this “in a few weeks”. Political Editor on Merrion Street has a large mahogany million disruptive technologies fund. best time to sell off the state’s remaining table, a couch and his desk. There are “Writers like Mazzucato talk about the ment the existing budget measures. stakes in AIB, Bank of Ireland and PTSB. pictures of his wife Justine and his two need to rethink what a mixed economy However, Donohoe did flag up the risk He would not say when this would hap- HPV screening inister for Fi- children on a dressing table and of his looks like and point to what will happen of the ‘unintended consequences’ of pen. But he did signal that it could be One of the most significant health an- nance Pas- mother, who came in to visit him in his if we don’t have plans in place for rein- landlords kicking out existing tenants delayed due to the impact of Brexit on nouncements in the Budget was the in- chal Donohoe office on Budget Day. vigorating capital investment, ” he said. and replacing them with new ones to bank share prices. troduction of more accurate HPV screen- lost his voice His collection of mini-Star Wars fig- avail of the tax break. “I would just generally make the ob- ing for women and the introduction of completely six ures, which he brought with him from “I have to acknowledge that this is a servation that you can see that equities HPV vaccination for boys. days out from his time at the Department of Transport, Keeping Shane Ross point that is also understood by Fianna across some sectors has been affected That was in line with the recommen- the budget. It are on the windowsill. and Fianna Fáil happy Fáil and I think both of us have agreed by the political uncertainty that’s under dations of the report by Dr Gabriel Scally started to come But to use a Star Wars reference, a hard that in the coming weeks, we will reflect way. It’s a matter that we will keep under so that cervical cancer will eventually be back during the final weekend of budget Brexit in March could have the same While hotels and restaurants complained on this matter carefully,” he said. regular review,” he said. eradicated. But a key driving factor was Mmeetings and it recovered just in time for effect as a Death Star (the space station bitterly about the end of the special 9 per the stand taken by courageous women his budget speech last week. capable of destroying a planet) on the cent VAT rate in the budget, Donohoe’s with cervical cancer such as Vicky Phel- Until the morning of the budget, he Irish economy. Does Donohoe have the team were relieved that a very popular Bankers’ bonuses Smaller increases an and the late Emma Mhic Mhathúna, was thinking of including a quote from ability to pull back his €3.6 billion hike tax break was actually voted through Donohoe is due to shortly get a report for pensioners who died last Sunday. Mike McCormack’s novel Solar Bones, in spending if the doomsday scenario by the Dáil by a comfortable margin of into whether the €500,000 cap on the Donohoe said that, in fairness, Min- which he had just finished reading. It was arises? 64 votes to 36. pay and bonuses of senior bank execu- Donohoe’s budget contained a €5 in- ister for Health Simon Harris had been about an argument between a lawyer, a “I’m confident that the budgetary But there are still some outstanding tives should be lifted. The argument from crease in the state pension for the third seeking the funding for the HPV rollout doctor, an engineer and a politician about plans I’ve laid out are capable of with- issues. Minister for Transport Shane Ross the banks is that they are losing staff to budget in a row. But in future, the gov- for quite a while ahead of Budget 2019. who had created the world. standing many of the different Brexit had been demanding an exemption for tech companies eager to move into the ernment is going to tie pension increases “But the tragedy of last Sunday added a But Donohoe decided to leave it out challenges that we will have. This is the pensioners from the property tax. Dono- financial sector and who are not limited to the cost of living to make them more tragic poignancy to it,” he said. because the punchline - about how reason I decided to improve the budget- hoe decided to hold back the review of by pay caps. predictable. Given that the inflation rate politicians were the true creators of the ary stance for next year and move to a the tax until after the Budget. But it will be difficult politically for is currently under 1 per cent, this suggests world because they cause chaos –was fully balanced position,” he said. At the request of Ross, he did put a Donohoe to justify this after a Budget that the increases for pensioners in future Setting deadlines not appropriate to his budget theme of line into his budget speech about how where many workers will not notice will be smaller. The departure of has stability and prudence. the prospect of property tax rises was much of an increase in their take-home Donohoe said there would be further placed another question mark over the For some light relief over the final Bud- Keeping close to causing concern “particularly amongst pay due to a modest tax cutting package statements from government about this longevity of the minority government. get weekend, he listened repeatedly to Varadkar vulnerable members of our society”. of €291 million. as it developed its pensions road map. And there are continuing doubts about two songs on his iPhone. One was I Don’t But all the signs are that there will be He said that there had been a €1,500 “I think it will be important that as we whether Taoiseach Leo Varadkar would Know by Paul McCartney: This was Donohoe’s second budget and no new exemptions for older people be- increase in the standard cut-off point give clarity to people regarding the need like a pre-Christmas election before his for the second year in a row, it was ne- cause it would completely undermine for them to make increased contributions popularity wanes with the public. I got crows at my window, dogs at my door gotiated within the walls of his office in the property tax. to their own pensions in the future, we Our interview took place last Friday I don’t think I can take any more the Department of Finance. There was When asked about this, Donohoe need to be able to outline greater cer- just before Fianna Fáil leader Micheál What am I doing wrong? I don’t know. no need for a crisis phone call on Budget paused for several seconds before sim- tainty for them regarding what those Martin published his letter to Varadkar Day between the Taoiseach and Fianna ply repeating his budget commitment contributions will also get,” he said. urging him to publicly commit to avoid The other was Pressure by English Fáil leader Micheál Martin – which did that he would soon be publishing the causing a general election during the rock band Muse, which was apt for a happen during the minority govern- property tax review. Brexit talks, regardless of how the con- budget that was far more difficult to ment’s first budget when Enda Kenny Why the sensitivity? There is a desire The €200 billion fidence and supply negotiations went. negotiate than last year. That was due to was Taoiseach and Michael Noonan was in government not to cause any further Believe me, I national debt But Donohoe was unsurprisingly at the increased spending demands from Finance Minister. embarrassment for Ross at this time be- one with Varadkar in wanting to have government departments, as well as Some of that may be down to the les- cause he feels very bruised after being know all about One of the biggest threats to the economy to set a Halloween deadline for the talks meeting the asks from Fianna Fáil and sons learned or because there is more ridiculed publicly for his ‘granny grant’ is the €200 billion national debt, which to conclude. the Independent Alliance with the back- money to spend. But there is also the and ‘granny flat grant’ budget proposals. the delicacy of Donohoe said in his budget speech was “Believe me, I know all about the del- drop of a general election getting closer. fact that Donohoe and Taoiseach Leo Indeed, Donohoe could be seen making negotiation. But equivalent to €40,000 for every man, icacy of negotiation. But I also know the Donohoe said he had deliberately kept Varadkar are working hand-in-glove. strenuous efforts during RTÉ’s Prime woman and child living in the country. value and need to have a deadline at using the word ‘citizen’ (it appeared five “I have the closest possible working Time Budget debate to give political credit I also know the But there is due to be a €3.5 billion which they have to be delivered,” he said. times in his budget speech) so that Fine relationship with him. We’ve known to Ross for what he did get in the Budget. surplus from the winding down of Nama “Our budget day negotiations are sig- Gael could reclaim the term from Sinn each other for a long, long time,” he said. For its part, Fianna Fáil is still bullish need to have in 2020 and another expected surplus nificantly strengthened by the fact there Féin and others. about its outstanding budget demand from the wind-down of IBRC. has to be a budget on Tuesday October 9. “I’m really determined that the mid- - tax breaks for landlords offering long- a deadline for Donohoe said he would be using For the same reason, it’s really important dle centre here in Irish politics, that we Literary influences term leases to renters – being added into this money to reduce the national debt there is a deadline when all of this can reclaim the idea of citizenship with the Donohoe talked about the books that had the forthcoming finance bill to imple- delivery even though there is likely to be political conclude,” he said. INDEPENDENT JOURNALISM ON SUNDAY SEAN DUNNE RESTART “I am not Pablo Leinster legend Escobar . . . Isa Nacewa on I have no life after rugby

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hidden assets” HOWARD HASTINGS we need a second Brexit poll page 16 October 7-8, 2018 businesspost.ie Price £2.00

Vat rate hike to fund Michael D splashed almost budget spending BY MICHAEL BRENNAN €100,000 on photos ahead POLITICAL EDITOR

Minister for Finance Pas- chal Donohoe’s budget package will have up to €700 million more in new of presidential race spending on school pu- pil grants, social welfare increases and affordable ● Sinn Féin’s Ní Riada admits she pays herself more than previously claimed housing. It will be funded by the BY MICHAEL BRENNAN According to an explanato- cy because the ambassador presidential candidate Liadh average industrial wage. earns €95,000 as an MEP, hiking of the hospitality AND HUGH O’CONNELL ry note, the €96,000 increase was ill. Ní Riada has admitted that she Ní Riada acknowledged in of which she takes home Vat rate to 13.5 per cent, was due to “costs mainly as- “What they had to do was does not – as she has repeat- an interview with The Sunday €60,000 after tax. plus a 50 cent increase in President Michael D Hig- sociated with photography face a procurement process edly claimed – take home the Business Post that she in fact see page 5 cigarettes, but a hike of gins spent an extra €96,000 and videography in Ireland at each individual city or in €10 in the carbon tax is on presidential photos and and with the President’s fact get somebody that would still under discussion. videos in the run up to his foreign travel in 2017”. This travel and do the thing. That’s Taoiseach Leo Varadkar campaign for a second term included a four-week visit to how it arose,” he said. last night confirmed the in office. Australia and New Zealand The revelation will increase government would deliver New presidential accounts and a 12-day visit to South the pressure on Higgins to a tax cuts package for peo- show that the spend on train- America. publish the full details of his ple on modest incomes ing and development and Higgins told this newspa- presidential spending before, of between €40,000 and incidental expenses at Áras per that the photography for rather than after, the election €50,000. an Uachtaráin went up from his Australian trip had to be on October 25. see page 2 €295,000 to €391,000 last year. carried out by a single agen- Meanwhile, Sinn Féin’s Productivity runs GET CONNECTED in the family. The Irish taking over San Francisco 40-PAGE TECHNOLOGY MAGAZINE

Health officials Broadband contract worried about open bidder claims it was used plan office as a ‘stalking horse’ distractions BY JACK HORGAN-JONES Cube’s claims are con- broadband bid was discussed. BY IAN GUIDER AND HUGH O’CONNELL tained in court papers lodged Naughten has been criticised in Delaware, where it is suing for attending the dinner. Civil servants in the De- A multibillion euro invest- David McCourt’s investment His department has also partment of Health com- ment fund has alleged that it fund, Granahan McCourt, confirmed this weekend that plained that moving to an was used as a ‘stalking horse’ and Oak Hill, the private Naughten attended the launch open-plan office would in a €145 million contest for equity firm which sold its of McCourt’s book, Total Re- lead to noise distraction a stake in Enet, the last re- stake to the Irish Infrastruc- think, in the Merrion Hotel putting them off their maining bidder for the state’s ture Fund last year. on May 14 last. Naughten met work. In a letter to health lucrative broadband contract. Cube claims that it was in McCourt at the event, but the minister Simon Harris, the The fund, Cube Infrastruc- exclusive negotiations to buy broadband bid was not dis- Association of Higher Civil ture, claims that Enet chair- the stake for months before- cussed, the department said. & Public Servants said their man David McCourt told it hand, and its information was The book features a picture No matter which Mac you choose, you get work “requires accuracy that the vendors of the Enet used in violation of agreements of Naughten and McCourt and high levels of concen- stake “used the confidential between it and the vendors. laughing together. incredible performance and capability with tration” and their work of details of Cube’s negotiated The court records show that A minute of the private din- responding to parliamen- contract terms . . . to expedi- the defendants catergorically ner does not record Naughten the world’s most advanced OS tary questions and other tiously reach an agreement deny Cube’s allegations. as having spoken. However, duties was “not served by with AMP (Capital)”. Meanwhile, it has emerged the minister said last week –– all so you can do your best work. non-cellular office accom- AMP Capital is part of the that McCourt paid for the that he had made it clear to modation”. The time taken successful state-backed con- private dinner attended by McCourt that requests for to move to a plush building sortium – the Irish Infrastruc- Minister for Communications documents and information was criticised in a report by ture Fund – which bought a Denis Naughten, his special about the bid “were respond- the Comptroller & Auditor 78 per cent share of Enet last adviser and department of- ed to in a timely manner”. General. year for around €165 million. ficials last July at which the see page 4 see page 7

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young man The Sunday Business Post October 7, 2018 News 5 President’s €100,000 extra spend on

President Michael D Higgins’s state visit to Australia included an address to the joint Houses of Parliament of Western Australia, as well as plenty of networking for Irish businesses also hosted an Enter- photography prise Ireland lunch for business people at the Sydney Opera House. l The presidential accounts ‘Costs mainly associated with photography for last year, which were re- cently published by the Comp- and videography in Ireland and with the troller and Auditor General, show President’s foreign travel in 2017’ that there was one unnamed contract awarded for €37,000 that breached public procurement guidelines. It BY MICHAEL BRENNAN due to certain circumstances. had been rolled over “for a number of POLITICAL EDITOR “The ambassador was ill, another years”, but the rules are that such con- ambassador stepped into the breach tracts must be put out to competition. President Michael D Higgins spent an and it was a very, very successful trip. The accounts stated that the Áras extra €96,000 on presidential photos “What they had to do was face a intended to use the Office of Govern- and videos in the run-up to his cam- procurement process at each individ- ment Procurement’s arrangements “to paign for a second term in office. ual city or in fact get somebody that award a new contract for this service Newly published presidential ac- would travel and do the thing. That’s during 2018”. counts show that the spend on training how it arose,” he said. This presidential election is a mini and development and incidental ex- The photo agency on the Australian re-match between Higgins and busi- penses at Áras an Uachtaráin went up trip was Maxwell Photography, which nessman Seán Gallagher. Higgins de- from €295,000 to €391,000 last year. have a well-established reputation for clined to call on Gallagher to provide According to an explanatory note, covering major political events and an explanation of what had happened the €96,000 increase was due to state trips abroad. with the fundraising cheque he was “costs mainly associated with pho- Higgins said the IDA, Enterprise Ire- seeking to collect for Fianna Fáil from tography and videography in Ireland land, Bord Bia and Tourism Ireland had a convicted fuel smuggler back in and with the President’s foreign travel accompanied him on the Australian 2008. in 2017”. This included a four-week visit, as well as 45 Irish companies. “I really don’t want to get involved visit to Australia and New Zealand “They were being introduced to in it,” he said. and a 12-day visit to Colombia, Peru Australian partners to assist them with While Gallagher has promoted and Cuba in South America. The total the Australian market. That happened himself as a pro-business president, budget for photography and video that everywhere. I think it would be a President Higgins also visited Tasmania where a memorial was unveiled to Irish convicts who had arrived there Higgins said he had supported Irish year is not revealed in the accounts. good idea if I brought out some kind firms brought along by the IDA and Higgins told this newspaper that the of report at the end of the year just to During the trip, he became the first He also spoke at the University of Memorial in Perth and another sculp- Enterprise Ireland on his presidential photography for his Australian trip had show what is being done for people,” head of state to address the joint Hous- Melbourne about the Irish-Australian ture in Tasmania to commemorate trips abroad and helped to open doors to be carried out by a single agency he said. es of Parliament of Western Australia. connection and unveiled a Famine Irish convicts who arrived there. He for them. Aryzta faces crunch talks over €800 million share sale BY BARRY J WHYTE proposals for the capital raise Despite Cobas’s value in- condition of anonymity – while it is also attempting to fall in profits for the year, port shows that former chief of 425,000 Swiss francs. The AND IAN GUIDER will be set out. vesting approach, it has taken the Spanish asset manager is make suggestions on certain which was generally inter- executive Owen Killian, who payments were part of the Cobas Asset Management a far more active strategy with attempting to convince the additions to the board to bol- preted as a sign of relief by departed in early 2017 along contractual arrangements Embattled Swiss-Irish bak- – which was founded by Aryzta out of a fear that its company to reduce the size of ster the company’s industry the market that the company with a number of other senior agreed with the former ex- ery company Aryzta is fac- Francisco García Paramés, stake will be watered down the capital raise to something credentials. hadn’t issued yet more sur- figures, was paid more than ecutives. ing last-minute talks with known as the Spanish War- in the capital raise. lower than €800 million, as Aryzta’s senior managers prise news after a series of his successor Kevin Toland. Toland received total remu- its biggest shareholder early ren Buffett for his long-term The investment firm’s pub- well as making suggestions and executives, meanwhile, unexpected profit warnings. Killian, who led the compa- neration of 1.09 million Swiss next week over the size of its value investment strategy – lic criticism of the fundraising on certain disposals to make are currently in the middle of They show underlying prof- ny for more than a decade, re- francs (€954,000), according proposed €800 million cap- is attempting to change the plan leaves the two sides with up the shortfall. a roadshow to visit investors it at the company fell 72 per ceived 1.4 million Swiss francs to the annual report. ital raise. company’s mind on the capi- only a few days to strike a deal It is also believed to be and sell them on the specifics cent to just under €50 million (€1.22 million) in the year to The report said the company It comes as Aryzta prepares tal raise, and has threatened to on the issue. unhappy with the amount of the capital raise. in the 12 months to the end of the end of July. had paid a total of 5.8 million to begin sending out circulars call an extraordinary general According to several peo- of money being spent on Last week, the company’s July while earnings decreased This included a basic sal- Swiss francs (€5.23 million) to related to its annual general meeting if its suggestions ar- ple familiar with the matter banking and legal fees for shares rose despite its an- by 28 per cent to €302 million. ary of 853,000 Swiss francs six former senior management meeting, in which the current en’t listened to. – who would only speak on the proposed fundraising, nouncement of a 72 per cent The company’s annual re- and a performance bonus figures including Killian. Becca’s HSE agrees to new contract Bunch hit the big time with cervical screening lab BY SUSAN MITCHELL Some 300,000 smear tests tients who had pre-cancerous as Jam goes are carried out annually under changes many years ago and The HSE has reached an agree- the national cervical screening were being incorrectly told by global ment to extend the contract programme, called Cervical- letter that they had cancer. with one of the two private lab- Check. About 90 per cent are In their letter, the seven con- BY COLETTE SEXTON oratories that report on cervical read by two private facilities. sultant gynaecologists and col- NEWS CORRESPONDENT smear tests. The remaining smear tests are poscopy leads said they had A deal was reached last week read at the Coombe Hospital received “no information to Jam Media has proved that with Quest, with the health in Dublin. date on the RCOG process”. animation is not just child’s service agreeing to underwrite Doctors have expressed They accused the Depart- play with a global toy deal. some medical negligence costs huge annoyance over the way ment of Health of displaying California-based toy man- that may arise in future under in which a major review into “tremendous arrogance” by ufacturer Jakks now holds the the CervicalCheck programme. CervicalCheck is being carried failing to collaborate and sup- exclusive rights to produce a No agreement has yet been out. The Royal College of Ob- port frontline staff. wide range of products based reached with the other main stetricians and Gynaecologists The letter – from Dr Rose- on Jam Media’s hit pre-school provider, Medlab in Sandyford. (RCOG) has been taskled by the mary Harkin, Dr Nóirín Russell, show Becca’s Bunch. The deal There have been intense ne- government with examining Dr Francois Gardeil, Dr Myra will cover a wide array of gotiations between the labs and the screening histories of about Fitzpatrick, Dr Ulrich Bartels, products featuring Becca, a the HSE in recent weeks, as the 1,850 women. Dr Matt Hewitt and Dr Kushal sprightly bird, and her group existing contract expires in the Some women who never Chummun – said the depart- of animal friends; including middle of October but allows had cervical cancer received ment had failed to engage figurines, play sets and ac- for an extension. consent forms to participate with them or any doctors in cessories, cuddly toys, board Under the current contract in the review. cytology, gynae-oncology, or games, costumes, furniture, the labs agreed to accept liabil- Doctors said the latest con- histopathology. wagons, ride-ons, play tents, ity for medical negligence pay- fusion was “fuelling intense The consultant gynaecolo- ball pits, balls and outdoor outs, but labs said the claims anxiety in these women and gists said nursing and clerical games. environment had changed due further mistrust”. The HSE said staff at colposcopy units were Jakks is already working to the fallout from the Cervical- it was aware of a small number “traumatised” by what they on plush toys, figurines, mu- Check controversy. of such cases. described as “the unprece- sical instruments, vehicles The state was asked to pro- In a strongly worded letter dented tidal wave” of calls from and play sets for a planned vide retrospective indemnity to Minister for Health Simon distressed patients. autumn 2019 launch in the for cases that emerge under Harris and the HSE’s national “It would appear that we as US. This is the first major the existing contract, but has director of screening Damien care providers have no voice or merchandising deal for Jam not agreed to that. The HSE has McCallion, consultant gy- value in improving and eval- Media, and could be worth agreed to pay more money to naecologists said they were uating patient services,” the millions. Big money can be labs for reading smear tests. now being contacted by pa- letter stated. made in merchandising kids’ shows; for example, over €1 billion worth of Peppa Pig products have been sold. OPW apologises to TD for refusing The toy licensing deal is significant for Jam Media, to give him data released to The Post according to its chief exec- utive, John Rice. BY HUGH O’CONNELL The estimated costs were criticised the OPW which “Jakks understands the fun POLITICAL CORRESPONDENT released, under freedom of prompted OPW chairman and playful nature of Becca’s information, to this news- Maurice Buckley to write to Bunch as a property, and is The Office of Public Works paper which obtained a draft the Fine Gael backbencher translating the huggable and (OPW) has apologised to answer to Burke’s parliamen- to apologise for a “very un- tactile quality of its charac- a Fine Gael TD after details tary question. satisfactory situation”. ters perfectly into a stand- of how much it would cost But the final answer to In his letter, dated July 24, out line of toys,” said Rice, to reopen six Garda stations Burke, which was published Buckley insisted the reply to who co-founded Jam Media were withheld from him but on the Oireachtas website, did the parliamentary question in 2002 with Alan Shannon released to The Sunday Business not contain these costs. was complete and in no way and Mark Cumberton. Post. This newspaper revealed tried to “disrespect the dem- Jam Media has also agreed Peter Burke, a member of last July that it would cost over ocratic process”. licensing deals with Candle- the public accounts commit- €1 million to reopen Stepa- He said the indicative costs wick Press, which has taken tee, said the Office of Public side, a former Garda station in released to this newspaper the publishing rights for the Works was “disrespecting Minister Shane Ross’s constit- were not based on any de- US, and Egmont, which has the democratic process” by uency that he has demanded finitive detailed design. signed on for publishing in not releasing the cost of re- be reopened, and over €1.2 “As you can appreciate the the rest of the world. Both opening Stepaside and five million in total to reopen five OPW would be reluctant to companies are planning an other stations in response to other stations. place incorrect details on the autumn 2019 retail launch in a parliamentary question he After this newspaper record of the house and in the key territories. submitted last May. revealed the costs, Burke public domain,” he said. The Sunday Business Post October 7, 2018 Race for the Áras 9 ‘I’m not commenting on anyone else’s experience except my own’ Incumbent Interview President Michael D Higgins feels his long service in political and public life will be an advantage in his second bid for the Áras

Michael Brennan Political Editor

ichael D Hig- gins is the first sitting president since Éamon de Valera to run for a contested President Michael D Higgins: second term. So, ‘Experience simply counts’ recently, there has been a rare mix of official end-of- Picture: Fergal Phillips Mterm appointments – such as a speech on civil rights in Derry yesterday – and campaign events with the slogan ‘A Pres- ident For Us All’. When I meet him at his campaign office in Dublin, he says he is like a “gobadán” - which is the Irish name for the sandpiper bird. “Ní thig leis an himself at the centre of questions into his president without running the OPW, the items into the agenda of your discussion,” ngobadán an dá thrá a fhreastal,” he own spending in Áras an Uachtaráin – Guards and the Army,” he says. he says. says, which is the old Irish saying that and in particular an annual €317,000 He has spoken about the threat of cli- Although Higgins has expressed some the sandpiper cannot be on two beaches allowance. mate change many times over the past regret for his tribute to the late Cuban at once. Higgins has been accused of playing seven years. His wife, Sabina, gives a communist leader Fidel Castro as a His office is on the first floor of an office a clever game by promising to release sustainable development badge to ev- “giant”, he also last year congratulated building on Lord Edward Street in Dublin details of his spending on the allowance eryone who visits the Áras. But the Áras Russian president Vladimir Putin on his – not far from City Hall. The agency on – but only after the election. The for- itself is an enormous building which re-election. Since then, Putin’s govern- the lower ground floor of the building is That is where eign travel expenses of the Taoiseach, has an annual electricity and gas bill of I’m anticipating ment has been accused of attempting Screen Ireland, formerly known as the for example, I tell him, are published €182,000. Higgins says he and Sabina to poison Russian double agent Sergei Irish Film Board. As arts minister, Higgins you can have a every month. had been endlessly trying to send the an active seven Skripal and his daughter Yulia in the re-established it in 1993 after it had been role as president, “I have absolutely nothing to hide at message through to the authorities about years Salisbury nerve attack. So does Higgins shut down on the recommendation of all,” he says. improving its carbon footprint. regret this too? the first Bord Snip. Just one mention of addressing the Higgins has a blue folder with him, full “If I am re-elected, we will be looking “You have to look at what I said. I’m it is enough to prompt Higgins to recall of statistics on his presidential activity, at ways to seek to give a lead in that,” actually very careful about that to some some of the Hollywood blockbusters inadequacy of to show what the €317,000 allowance he says. extent. You wish the Russian people well filmed during his spell in office, such the debate on was used for. There were 233 events in in the forthcoming period. As he enters as Braveheart and Saving Private Ryan. the Áras last year, 20,000 visitors, 105 Commemorating the the presidency, you congratulate him. “It was a very exciting time,” he says. housing full speeches and six appointments of That’s what you do,” he says. There is a campaign diary on a sheet judges. At certain points, he thumps the Civil War Dealing with Trump Higgins goes on to come up with what of white paper the size of a snooker ta- table to emphasise that this was not his could well be an alternative campaign ble pinned up on the office wall with Higgins thought about stepping down money – it was the taxpayers’. Higgins’s family history will have a rele- and Putin slogan - “experience simply counts”. his planned appearances and activities. if he is struck down by ill health during Higgins knows he has to tread very vance if he gets a second term because he When I lastHARVARDHARVARD interviewed Higgins LAWLAW in HeSCHOOLSCHOOL lists his record of fighting local and The RTÉ Primetime presidential debate a second term? carefully. His campaign organisers’ will be in charge of commemorating the the autumn of 2016, he had strongly national elections since 1981 and working is down as ‘CONFIRMED’, as is the TV3 He shoots back instantly: “I think nightmare would likely be to see their 100th anniversary of the bitter CivilPROGRAMME War.PROGRAMMEendorsed the remarks ONON of then NEGOTIATIONNEGOTIATION United as a legislator in the–– Dáil.GLOBAGLOBALL debate hosted by Pat Kenny and the RTÉ before I should talk about the circum- candidate expressing outrage at repeated His father John was a lieutenant in the Nations human rights chief Zeid Ra’ad “Therefore, when the legislation comes Radio 1 debate with Cormac Ó hEadhra. stances of my stepping down, I should questions about the Áras finances and North Cork Brigade of the IRA during the al-Hussein,DevelopDevelop who andand warned advanceadvance that youryour Donald negotiationnegotiation before skillsskills me byby as attendingattending president, I can go very But Higgins has been criticised for turn- get elected first. It would appear to be declaring “I’m worth it” like a star in the War of Independence. He then fought Trump was playingHarvardHarvard on University’sUniversity’s popular prejudices PONPON globalglobal quickly coursecourse to –– DublinDublinwhat is in fact the point of ing down RTÉ’s Claire Byrne and there is presumptuous,” he says with a grin. famous cosmetics commercial. on the anti-Treaty side during the Civil and fears about migrants to win the US contention in it, and I can make my de- also the constant commentary that he got His knee which was troubling him But so far, he has not gone there. He War while his brother was a soldier on election. Although Trump’s6th,6th, 7th7th planned andand 8th8th visit DecemberDecember cisions,” 20182018 he says.

an easy time from the media in the 2011 seven years ago, is fixed, and he is “still says he expects to be able to return a the Free State side. John Higgins lost his here in November has been cancelled, Higgins knows full well that he is presidential election. Not so, he insists. very fit”. sum similar to that returned by former job due to his anti-Treaty background InInHiggins partnershippartnership signals withwith that MaynoothMaynooth he will challenge UniversityUniversity EdwardaheadEdward of M Mhis KennedyKennedy five other Institute,Institute, rivals in this re- “If you think about it, of all the can- “I’m anticipating an active seven president Mary McAleese, whose un- and as a result of the family’s poverty, Trump aboutSchoolSchool his views ofof BusinessBusiness if the visit andand is DepartmentDepartment gard. He couldofof LawLaw leave it there. But just in didates, the last seven, and this six, I’ve years,” he says. spent allowance total was €474,000 at Michael D Higgins was raised in Clare by rescheduled while also giving him the case anyone might not notice, he drives answered more questions multiplied the end of her seven-year term. his uncle and aunt with his brother John. normalhttps://www.maynoothuniversity.ie/edward-m-kennedy-institute/pon-global-dublin-0https://www.maynoothuniversity.ie/edward-m-kennedy-institute/pon-global-dublin-0 “courtesies of state” as a pres- home the point in the most inno- by 100, than all of them put together. “I will put a procedure in place that is Higgins says he has been giving some ident must. cent-sounding way. “I’m not comment- Because I’ve been answering questions On homelessness appropriate, but I do want you to have thought to how the commemorations “If President Trump comes, what do ing on anyone else’s experience except since I started,” he says. While the president has very little power, patience while I explain something that should be handled. you do? What you do01 01is that you708708 put the 66296629 my own,” he says. One debate that Higgins says he was the office does carry the capacity for is incredibly important.” “We’ll have to be very sen- Register!Register! BookBook youryour placeplace nownow prepared to do was on TG4, but only one meaningful symbolic gestures such as That is that the president, in Higgins’s sitive about it,” he said. “All of his opponents – Sinn Féin MEP Liadh ’s lighted candle in the view, has to be given the discretion to that early experience drove Ní Riada – is known to be fluent in the window of Áras an Uachtaráin to re- spend the allowance as he or she sees me into politics from the very language. Higgins describes himself as member the Irish diaspora. fit to run their office. beginning.” someone who has come back to the lan- The crisis of our times is homelessness “If you don’t give this, what you’re say- guage several times, first learning Mun- which Higgins has said is the “stark- ing is that to even decide if we’ll receive EXECUTIVE EDUCATION ster Irish in his youth and then learning est sign of inequality”. So why did he the Dublin hurling team or the camogie Four pensions Connemara Irish when he became a not open up some of the 95 rooms in team as well, we’ll have to go upstairs and Due to his lengthy political Labour TD for West. He said he Áras an Uachtaráin to house some of the receive permission,” he says. and academic career, Hig- Invest in your Career and Business! speaks Irish every day as president. He homeless families trapped in emergency The overall Áras budget was €3.6 mil- gins is entitled to no less than has offered to do an one-on-one inter- accommodation as a symbolic gesture? lion last year, made up of €1.6 million four pensions when he re- view with TG4. “I thought it could have been mis- in salaries for 27 staff, €1.6 million in tires. He voluntarily reduced In his makeshift campaign office about interpreted as a gesture that had been travel, postal and operational expenses, his presidential salary from a dozen people are working at their com- just done for some kind of stroke and and €1 million for paying out the cen- €325,000 during the reces- puters. Many are former I wouldn’t have wanted that,” he says. tenarians’ bounty of €2,540 to about sion to €249,000 – which staff such as Mags Murray, Higgins called for a discussion on in- 405 older people who reached the age would give him a presiden- and Shauneen Armstrong. His media serting a right to housing in the consti- of 100 last year. tial pension of €125,000 per manager, Bernard Harbour of the Fórsa tution, which was recommended by the But there is a further €5.2 million an- year. He is currently taking trade union, is a former Labour special Constitutional Convention back in 2014. nual bill to pay for Garda security, the his €19,000 per year NUI Gal- adviser. And Higgins’s own special ad- “That is where you can have a role as presence of six full-time Defence Forc- way pension which he says Attend the Program on Negotiation at Harvard Law Schools world renowned viser is Claire Power, who previously president, addressing the inadequacy of es members and the maintenance and he earned by making pen- worked with Eamon Gilmore as Tánaiste. the debate on housing,” he says. upkeep of Áras an Uachtaráin by the sion contributions during his PON Global course in Partnership with the Kennedy Institute at Maynooth University on the But while Higgins clocked up over He blames the current housing crisis Office of Public Works (OPW). Higgins years as a sociology lecturer. 4th, 5th and 6th of December. 20,000 kilometres in his nationwide on the state’s reliance on a “market-based said he asked if he could waive his right And he would qualify for a Following last years success you can once again learn from PON’s negotiation experts campaign back in 2011, there will be approach”. He contrasts it with his time to Garda security during the presiden- TD’s pension and a ministerial and maximise your value building skills. no public canvassing this time out. His as mayor of Galway in the 1980s and tial campaign. “The advice was that I pension as well, which could advisers say it is not seen as appropriate 1990s when the biggest housing problem couldn’t,” he said. be worth another €30,000. Don’t miss your chance to avail of our limited early bird offer. for a sitting president, but of course it was the issue of planting trees in council He says, though, that he would be “de- He has currently waived his Learn more at also may be harder for Higgins (77) to estates rather than “soulless concrete”. lighted” to look at running a lower-cost entitlement to these latter two put in the same time on the road. If he presidency if he got a second seven-year pensions while he is serving www.maynoothuniversity.ie/edward-m-kennedy-institute gets another seven-year term, he will term. as president. He did not say or contact us at Tel: 01 708 6629, Email: [email protected] be 84 when it ends. That would put him Spending at the Áras “If people want to review and make it whether he would take them behind only Éamon de Valera, who was Higgins himself has been one of the most more efficient, more cost-effective, they on retirement. Register for your place today! 90 and almost blind by the time he fin- outspoken critics of austerity during his certainly won’t find me as an obstacle. “I’m not as far as that in my ished his second term in 1973. So has seven years as president. But he has found But quite frankly, I have enough to do as thinking,” he said.