Corruption

by Michael Patrick O'Leary

This article appeared in The Nation on Sunday April 1 2012

Although patriotic Sri Lankans might like to boast that they are the best in the world at the corruption game, there are lessons to be learnt from other countries. Somalia holds up the Transparency International Corruption Perception Index at number 182.  Sri Lanka is at number 86 (improving on a previous 91), somewhat worse than Serbia, Panama and Jamaica. I am not saying mutts like Somalia can teach us anything. Lessons can, however, be learnt from nations who are sophisticated enough to climb to respectable positions on the index.

In 2010, Ireland was at number 14 and the UK at number 20. The 2011 table shows the UK (now number 16) has improved in honesty and Ireland (number 19) has worsened. The US is at number 24.

Only this week, news came out that Micheál Martin, the current leader of Fianna Fáil, the party, which dominated Irish politics for most of the life of the Republic, has called on his predecessor, Bertie Ahern, to be expelled from the party.

Bertie’s mentor, Charles Haughey, enjoyed an opulent lifestyle on his modest salary as Taoiseach (or Irish Prime Minister, pronounced ‘tea-shock’). He had a fine art collection and wine cellar, racehorses, owned at least one island, a helicopter and enjoyed the services of a voluptuous but garrulous mistress. Retail tycoon Ben Dunne gave Charlie millions, prompting the T-shirt slogan: “Ben there. Dunne that. Bought the Taoiseach”. A culture of impunity has rewarded corrupt politicians, bankers and builders. Ireland shares with Sri Lanka a kind of cronyism. ‘Gombeenism’ describes the kind of parish-pump politics in which those elected to be legislators devote themselves to self-aggrandisement and bestowing favours,  rather than honestly representing their constituents’ interests.

Fianna Fáil was practically wiped out at the last general election. The last Fianna Fáil PM, Brian Cowan, liked to refer to himself affectionately as Biffo, Big Ignorant Fat F…er from Offaly. He has lost any affection the public felt for him, and has apologised for his role in ruining the economy. The culprits continued to receive generous pensions and expenses.

Martin’s condemnation of Bertie came after a report said, “Corruption in Irish political life was both endemic and systemic. It affected every level of government, from some holders of top ministerial offices to some local councillors, and its existence was widely known and widely tolerated.” The report found Mr. Ahern failed to “truthfully account” for the source of bank account lodgements and   confirmed the former Fianna Fáil leader’s personal behaviour had fallen short of the standard expected of holders of high office.

The report referred to was by the Tribunal of Inquiry into Certain Planning Matters and Payments, commonly known as the Mahon Tribunal. As well as accusing Ahern of untruthfulness, the report found former European Commissioner Pádraig Flynn behaved corruptly, and said another former Taoiseach, Albert Reynolds, had abused his power.
Martin made sure the other Irish parties were not left out of the condemnation. Current PM, Enda Kenny, refused to take any action when told a member of his Fine Gael party had “sought a bribe of £250,000”.

Sinn Féin leader Gerry Adams claimed institutionalised sleaze and corruption had been rife in Ireland.  “It was not just political life that was corrupt,” he added. “So, too, was the business elite.” Adams said institutional corruption and gombeenism (a Sri Lankan equivalent of the Gombeen Man would be the mudalali involved in politics) were part and parcel of British colonial rule on the island and the practices survived and thrived in the post-colonial period.
Martin described Sinn Féin’s “embrace of double standards” as “particularly brazen”. During the period investigated by Mahon, “Sinn Féin’s movement killed more than 200 people, kneecapped and exiled many more and ran this island’s largest racketeering, kidnapping and bank-robbing network”.

Some Sri Lankans have a touching faith in the institutions of western countries. When one points to the shortcomings of other countries, one is told that there is at least accountability for wrong-doing, unlike the impunity that is characteristic of Sri Lanka. Taking Ireland as an example, one can take comfort in the fact that there is an Act of the Oireachtas (parliament), establishing Tribunals of Inquiry to look into matters of urgent public importance. Tribunals are obliged to report their findings to the Oireachtas. They have the power to enforce the attendance and examination of witnesses and the production of documents relevant to the work in hand.

By the end of 2000, there were six tribunals. According to historian Diarmaid Ferriter: “Tribunals were an indictment of the lack of investigation at home into these issues. It often took outsiders to unfold the truth, as with the exposure by Susan O’Keefe of the BBC of the beef industry in the 1991 documentary “Where’s the Beef?” O’Keefe concluded that there was in Irish society too much indulgence of unethical behaviour and that a culture of silence prevailed. These tribunal inquiries tended to go on for a long time (Mahon started in 1997), the details are very complicated and they are very costly to the taxpayer.

The amounts brown-enveloped by corrupt businessmen and politicians are trivial compared to the amounts legally made by lawyers at the tribunals. Barristers’ daily tribunal rates were €2,500 (£1,700 LKR 432,000). Senior counsel Patrick Quinn earned more than €50,000 from other  State work. In a year, he was paid almost €500,000 for working part-time at the inquiry. He earned a total of €5,273,521.17 (911,223,388 Sri Lanka Rupees) in fees over the decade he has worked at the tribunal. Legal team costs for 2011 were €950,000. Total legal costs have reached almost €50 million (8,639,610,596 Sri Lanka Rupees).

It is not a function of Tribunals to administer justice, their work is solely inquisitorial. Wrongdoers can take comfort in the fact that the outcome of tribunals would rarely be prosecution.

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