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Denis O'Brien RollingNews.ie

The 'farcical' Anglo loans inquiry could be on the verge of collapse

The inquiry into the sale of certain loans by the former Anglo Irish Bank is in trouble.

Updated at 23.10pm 

MICHAEL NOONAN HAS said he doesn’t know how long the Anglo loans/Siteserv inquiry will be delayed after it emerged the judge chairing the investigation does not have the powers to proceed with his work.

The coalition is now likely to introduce emergency legislation after Judge Brian Cregan informed the Taoiseach last Friday that he could not proceed with his probe because of issues surrounding confidentiality and legal privilege.

Speaking in Brussels this afternoon, Noonan said that the government will move as quickly as it can to amend legislation so as that the inquiry can proceed “as expeditiously as possible”.

The commission of investigation, which was established in June, is examining the sale of loans by the IBRC, formerly Anglo Irish Bank, where there was a loss of at least €10 million to the taxpayer.

This includes the controversial 2012 sale of Siteserv to businessman Denis O’Brien for €45 million. Siteserv said this morning that it had not yet been contacted by the inquiry – five months after it was set up.

Screen Shot 2015-11-09 at 3.37.21 p.m. Michael Noonan speaking to reporters in Brussels today. European Council TV European Council TV

The stumbling block arose after Cregan obtained documents related to the loans from IBRC’s liquidator KPMG. However, he was unable to circulate them to relevant parties due to issues around confidentiality and legal privilege.

Noonan said he had thought that the public interest provision in the 2004 Commission of Inquiries Act was “robust enough” for the judge to override these issues, but said the judge had decided otherwise.

I think everybody knew that issues of confidentiality would arise but we thought that the Act of 2004 was robust enough. The key concept of the Act is that things can be done in the public interest.

He said he did not know how much of a delay this issue would cause.

Social Democrat TD Catherine Murphy, whose investigating prompted the inquiry’s establishment, said the situation had descended into farce:

Murphy said it had been suggested to her via sources that the Department of Finance was  one of the bodies not cooperating with the inquiry.

This was denied by the Department this afternoon with a spokesperson insisting that all core documentation had been handed over in unredacted form.

Earlier, the Tánaiste Joan Burton insisted the government was determined to proceed with the inquiry. Speaking to reporters in Dublin this morning, she insisted:

What the government is determined to do and what I’m determined to do is that we will have this inquiry and we will see an answer to all of the various issues.

Fianna Fáil’s Micheal McGrath told RTÉ Radio that it had become a “farcical situation” whereby it was now emerging that specific transactions could not be investigated, despite that being the very reason the commission was established in the first place.

Earlier, Sinn Féin’s Pearse Doherty said it appeared the inquiry had “ran aground” and called into question why the Taoiseach was only informed on Friday when he (Doherty) had heard of issues in the middle of last week.

“Enda Kenny is going to come under huge pressure. He can’t expect the Oireachtas to deal with this blindly. He’s going to have to release the judge’s letter,” Doherty told RTÉ’s Morning Ireland.

Murphy said she had heard of problems last month but that her questions to the Taoiseach in the Dáil had been ruled out of order.

Doherty went on to say there are “serious questions” in relation to the role of the Attorney General Máire Whelan who signed off on the terms of reference for the inquiry which may now need revision.

Burton insisted, when pressed, that she had confidence in Whelan, who has come under scrutiny in recent months in relation to her handling of the investigation into the Garda tapes controversy.

“I think the Attorney General has done remarkable work for this government,” she told reporters in Dublin this mornin

She said the Commissions of Inquiries legislation had been introduced by a former AG in Micheal McDowell in 2004 describing him as a “very eminent judicial figure and politician”.

“We’ve had many inquiries and this is the first time that this particular issue around the public interest and confidentiality in relation to personal matters has arisen in the way that the judge has identified it as a serious issue,” she said.

We now have to address that. This happens all the time, by the way, in inquiries  - that issues perhaps arise out of the nature of inquiries.

Noonan also told reporters that he had confidence in the Attorney General, saying she had gone a good job on a wide range of issues.

First published at 11.50am

Damning criticism: Siteserv inquiry ‘lacks powers’ needed to investigate controversial sales

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99 Comments
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    Mute Jim Buckley Barrett
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    Mar 5th 2021, 4:54 PM

    We have an Irish citizen in China and very little reported considering he’s been there for two years, yet we’ve have numerous articles on this lady, strange!

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    Mute Jakie McLean
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    Mar 5th 2021, 7:01 PM

    @Jim Buckley Barrett: there are negotiations going on behind the scenes that may mean reporting is not possible as it may cause difficulties. I believe that was reported a few weeks ago.

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    Mute Seán Ó Briain
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    Mar 5th 2021, 8:32 PM

    @Jim Buckley Barrett: The Journal have done 6 articles on his plight in the past 6 weeks, one no little than 2 days ago. He’s getting reporting, but as Jakie said – there’s probably a lot of work going on in the background to get him home quietly.

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    Mute RogersRabbit
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    Mar 5th 2021, 9:06 PM

    @Jakie McLean: Ah yes, act like everything is okay when it’s not. Some common ground we have with China

    19
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    Mute john s
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    Mar 5th 2021, 11:14 PM

    @Jakie McLean: behind the scenes for 2 years ? Irish and eu government should be ashamed.

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    Mute D.B
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    Mar 6th 2021, 12:08 AM

    @Jim Buckley Barrett: yes, poor chap. we need to stick in to the chinese to get him out and do it f’ing now…..

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    Mute Jim Buckley Barrett
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    Mar 6th 2021, 9:24 AM

    @Seán Ó Briain: 6 articles in 6 weeks, he’s been there for TWO YEARS

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    Mute Sana Diwan
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    Mar 6th 2021, 10:54 AM

    @Jim Buckley Barrett: military intervened in international waters. They broke international law. Latifa’s case is should be talked about more as well!

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    Mute Kevin O'Brien
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    Mar 5th 2021, 7:27 PM

    Strange the Horse racing board in the UK stopped Elliott from bringing horses over, but haven’t stopped the Sheikhs horses running though. Why? Because he brings millions into the racing there. Not much morals now do they.

    301
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    Mute Earth Traveller
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    Mar 5th 2021, 9:56 PM

    @Kevin O’Brien: Don’t you think Ireland does the same?

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    Mute Kevin O'Brien
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    Mar 5th 2021, 11:08 PM

    @Earth Traveller: No not really, when compared to him. He has massive operations in the UK (and around the world) with his Godolphin outfit that he owns. He spends millions on yearlings every year at Tattersalls sales, alone. Never mind the over 130 horses he has in training in the UK.

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    Mute Rory J Leonard
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    Mar 5th 2021, 11:30 PM

    @Kevin O’Brien:

    Latest unpleasant news of the continuing harsh treatment of Sheikha Latifa, one of his thirty (30) children, should be the straw that broke the camel’s back, in terms of long overdue sanctions against a repeat offending father for a form of child cruelty by everyday Western values.

    Whilst the man is a large scale Owner, not a Trainer, he insists on major input/interference into his horses training programs, which caused an irreparable rift with the great Sir Henry Cecil when he trained his string during the 90’s.

    Nothing will ever get in the way of high volumes of lucre flowing freely into Blighty, as recent political developments there have confirmed.

    19
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    Mute Kevin O'Brien
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    Mar 6th 2021, 12:07 AM

    @Rory J Leonard: Apologies, I didn’t mean he was training himself. Horses he has in yards over there, being trained for him. How he’s getting away with this beggar’s belief. They have absolutely laid into Gordon over there, but not a word about Sheikh Mohammed?

    17
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    Mute William Bryan
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    Mar 5th 2021, 3:42 PM

    Yes an we have Mary Robinson being played like a fiddel by her bestie Saudi Princess

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    Mute Seán O'Loughlin
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    Mar 5th 2021, 4:17 PM

    Had. She knows she was played now.

    108
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    Mute Thinkingaboutmatters
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    Mar 5th 2021, 4:59 PM

    @William Bryan: she likely was happy to play along, with more money for boring speeches in the UAE. She couldn’t sell some rotten house and some papers to May CoCo for millions.

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    Mute John
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    Mar 5th 2021, 6:26 PM

    @Thinkingaboutmatters: Considering the father is allegedly trying to fabricate a story that Latifa has bipolar disorder in order to cover up the kidnapping, what do you suppose Mary should have done at that meeting? Assuming she had any idea about this story or the forces at work?

    Mary: “So tell me, Latifa, do you really have bipolar disorder, or are these guards around us holding you prisoner?

    Having a high profile person visit like this is clearly a cleverly fabricated cover, as far as I’m concerned. I suggest you watch Latifa’s videos

    28
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    Mute Thinkingaboutmatters
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    Mar 5th 2021, 10:22 PM

    @John: Mary Robinson knows enough of the world to know when something was off. Either she was foolish (unlikely) or she saw a new direction for her grift by speechifying in the Middle East to a grateful potentate. Money is her thing.

    34
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    Mute SmallbutMighty
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    Mar 6th 2021, 3:08 AM

    @Thinkingaboutmatters: really!!! if you had an awkward lunch with someone you were told was recovering from a bipolar episode but in the momet seemed content you would jump straight to she must have been kidnapped and is being held against her will?

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    Mute Brian Burns
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    Mar 5th 2021, 6:06 PM

    Mary Robinson was just over with her said she told her “she’s grand”

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    Mute D.B
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    Mar 6th 2021, 12:39 AM

    @Brian Burns: Mary should have dazzled them with her hairdo and got the princess out…..

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    Mute D.B
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    Mar 5th 2021, 4:19 PM

    & if she is isnt? what are they going to do about it…….

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    Mute Ally Mc Culladgh
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    Mar 5th 2021, 4:22 PM

    @D.B: Well I would imagine they will first come out to condemn the unlawful killing, talk more, talk about sanctions, have countless UN meetings, more condemnation, more meetings to discuss the sanctions and then….??

    Look at Myanmar no sign of the UN getting involved

    118
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    Mute D.B
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    Mar 5th 2021, 4:58 PM

    @Ally Mc Culladgh: Good points…..the usual rhetoric will flow & nothing will be done….

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    Mute Ally Mc Culladgh
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    Mar 5th 2021, 5:28 PM

    @D.B: Look at this madness, they can’t even agree to issue a statement on what is happening in Myanmar

    https://www.bbc.com/news/world-asia-55913947

    The United Nations Security Council met on Tuesday but failed to agree on a joint statement after China did not support it. China has the power of veto as one of five permanent members of the council.

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    Mute Joan Grennan
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    Mar 5th 2021, 5:47 PM

    What hope is there for ordinary females in that damn place when a princess can be held prisoner as she is .It wont stop Western powers hobnobbin with her Dad though .When it comes to a contest between human rights and staying in the good bks with autocrats ,dictators and so on we knows what wins through .

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    Mute Atlas' burden
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    Mar 5th 2021, 9:49 PM

    @Joan Grennan: we can only hope she’s only held prisoner. At least there’s some hope of freedom. I sincerely hope she is still alive. There hasn’t been any proof of life.

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    Mute Michael Mcloughlin
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    Mar 5th 2021, 4:32 PM

    Wheres the BHA now

    37
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    Mute Special_Ed
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    Mar 5th 2021, 4:57 PM

    Uh oh….. the UAE must not be playing along with the World Economic Forum / UN’s Reset

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    Mute JongaFe
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    Mar 5th 2021, 9:28 PM

    Mary sent her a WhatsApp msg, says she’s grand!

    21
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    Mute andrew
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    Mar 5th 2021, 9:58 PM

    Hope she is not being mistreated.

    16
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    Mute D.B
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    Mar 6th 2021, 12:09 AM

    all these phone princess of makeyuppy royalty land that was once full of nomads but is now awash with oil rich cash…..nauseating watching the brits trip over themselves for a slice of the pie…..

    18
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    Mute Maria Quinn
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    Mar 6th 2021, 8:10 AM

    Who cares. UN Human Rights Office has done nothing about the invasion of Sahara by Morocco since the Spanish Province got their independence from Spain at the end of the facists dictatorship. Oh! True, also UN Human Rights Office did nothing to free Spain from 40 years of facists dictatorship, to free Spaniards from the oppression of a Hilter and na.zism allied

    UN has turned into a kind of socialite group

    6
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