Tracker mortgage fraud complaint
Deputy Seamus Healy pressed the Taoiseach on the tracker mortgage scandal, arguing that the Central Bank and Government should have made formal complaints to the Garda about bank wrongdoing. The Taoiseach said the Central Bank had engaged the Garda, that it was not for Government to order fraud squad action, and urged anyone with evidence to make a complaint.
During Leaders' Questions on 5 April this year I raised the issue of the tracker mortgage fraud with the then Taoiseach, Deputy Enda Kenny, and I told him what has been appearing in the media in recent weeks.
I did not have a whistleblower within the banking system but, rather, a healthy suspicion of senior bankers backed up by 30 years of banking scandals and rip-offs such as the DIRT scandal, the Ansbacher accounts, the bogus non-resident accounts and the destruction of the country by the banks during the boom-bust period. I knew, as did every Irish citizen, that the banks and senior bankers have no moral compass. The tracker mortgage fraud is a huge scandal that requires criminal investigation. I asked the former Taoiseach, Deputy Enda Kenny, to make a formal complaint to the Garda and call in the fraud squad to investigate banks. I told him that any delay in ordering a Garda investigation could lead to the destruction or alteration or both of relevant records with a view to blaming subordinates and junior staff. In an effort to protect the banks and senior bankers, he refused to call in the Garda. Six months later, all Members can see the extent of the massive fraud involving 15 banks and €1 billion and affecting 20,000 or more mortgage holders. It is abundantly clear that the scandal involves collusion by the banks in a systemic and widespread fraud. It is a scandal that the Garda has still not been sent into the banks and that no formal complaint has been made to it. Does the Taoiseach accept that if the then Taoiseach, Deputy Kenny, had agreed to my demand six months ago to send the fraud squad into the banks, much fraud could have been avoided and much trauma, pain and even deaths and self harm prevented? Will the Taoiseach at long last send in the Garda fraud squad today in order that senior bankers can be held to account? Does he accept that until senior bankers are made subject to the normal criminal fraud law, more people will become victims of this kind of bank crime?
Comment on this
The Central Bank has engaged the Garda on the matter and because that has been done, it is probably inappropriate for me to comment upon it except to say that this is a democracy and neither the Taoiseach nor the former Taoiseach nor the Minister for Justice and Equality can send in the Garda or the fraud squad. A complaint is made to the Garda and considered and the Garda then decides whether it needs to carry out an investigation or a raid. I do not know if Deputy Healy made a complaint to the Garda at that time but it would have been open to him to so do.
The people who should be at the front of our minds are the 20,000 individuals and families who have been affected by the scandal. Considering the average size of a household, there are probably 40,000 people behind the 20,000 accounts. Almost 1% of the country's population has been affected by this issue and subjected to unnecessary stress, financial hardship and in some cases lost their homes or investment properties. As we said last week, that banks incorrectly removed people from tracker mortgages was a serious breach of trust. We also believe some banks have been dragging their feet in solving this problem at a real human cost. We are in the middle of a complex process but affected customers should have their tracker mortgages restored and be fully compensated as a matter of priority. The Minister for Finance, Deputy Donohoe, met the chief executive officers of the main banks such as Bank of Ireland, AIB, Ulster Bank, Permanent TSB and KBC and sought a detailed explanation from each bank as to the status of its tracker redress programme, an explanation for why the process has been so unbelievably slow and its plans for resolving it quickly. Although the Central Bank as regulator is a fully independent body, the Minister has contacted it to make sure it has sufficient powers and resources to ensure the banks resolve the problem. The Government will take further action in the coming weeks and months if there is not further swift progress on the matter resulting in the restoration of those 20,000 people and their families to the correct interest rate, as well as full compensation and redress.
Comment on this
The Taoiseach said the Central Bank has been in contact with the Garda but he knows that no formal complaint has been made either by the Central Bank or the Taoiseach, who is quite entitled to make a complaint. The banks have a 30-year history of scandal after scandal and have been rewarded for that. The public was forced to bail them out to the tune of €64 billion and citizens have suffered desperate austerity and deprivation as a result. Variable rate mortgage holders are being ripped off by having to pay twice the EU average rate. Unfortunately, successive Governments have protected the bankers. The Minister, Deputy Donohoe, was sent in to discuss the issue and admonish the banks, whatever that means. At best, it is a slap on the wrist. It is possible that the banks will be fined. The Taoiseach knows that any fine levied on the banks will be paid by their customers. Why is the Government deliberately avoiding sending in the Garda and making a formal complaint on the matter as either the Taoiseach or the Government could? Is it not now clear that banks and bankers can only be brought to their senses by criminal investigation? The Taoiseach should send in forensic accountants from the Garda and the fraud squad and should do so now.
Comment on this
The Government does not have the authority to order in the fraud squad and that is not how it works.
Comment on this
Has the Central Bank made a formal complaint?
Comment on this
I do not know whether a formal complaint has been made. It is open to any citizen in the State------
Comment on this
Has the Taoiseach made a formal complaint? It is open to him to so do.
Comment on this
-----who believes a crime has been committed and has evidence to back that up to make a formal complaint to the Garda. If the Deputy believes a crime has been committed and has evidence to back that up, he should make a complaint now. If he has not already done so, perhaps he should have made it many months ago.