I recall being in South Africa a few years ago and seeing the minister for justice rejecting a national High Court ruling on the SA government's bonkers HIV policy on the grounds that, because the court was in Pretoria, it had no jurisdiction beyond the Guateng province. It was a depressing moment, combining a disgraceful political stance with a sneering dismissal of the role of courts in maintaining the principle that society ought to be ruled by laws not people.
Beverly Cooper-Flynn's re-admission into Fíanna Fáil last week, based on a unanimous decision of the Parliamentary Party, was just as dispiriting. Beverly Cooper-Flynn had of course unsuccessfully sued RTÉ over their allegations that she had facilitated tax evasion when working as a bank official. Having lost her suit in the High Court she appealed (on a number of technicalities really) to the Supreme Court and lost again. In the High Court judgement following the jury's verdict, Justice Morris agreed with RTÉ's council in deeming Cooper-Flynn's character to be 'flawed' (and thus not amenable to being libelled).
So we have it established by a jury in the High Court (and through the appeal, by the Supreme Court) that Beverly Cooper-Flynn facilitated tax evasion. While, as the Dáil's Public Accounts Committee (of which , weirdly, Cooper-Flynn was a member) uncovered , she wasn't the only one,the number of bogus non-resident accounts, the major vehicles for tax evasion, in the Castlebar branch of the National Irish Bank where Cooper-Flynn worked went up from 44 in 1992 to 3,302 in 1993. 1993 was the year that James Howard, at the centre of RTÉ's report, claimed that Cooper-Flynn sold him a bogus offshore account (not that I'm suggesting Cooper-Flynn could have been solely responsible for that increase). Moreover, it seems that Cooper-Flynn arranged her father's tax affairs, including moving the proceeds of various investments, themselves made with 'personal political donations,' into an NIB account in Co. Monaghan, using Pee Flynn's Brussels address. Presumably as a not-quite-so bogus offshore account, since Flynn at least did have a house in Brussels (as was discussed on the Late Late Show in this spectacular clip).
What's so thoroughly depressing about all this, never mind Ahern's and then Flynn's evidence to the Mahon Tribunal, is the idea that someone can be deemed by the highest courts in the land to have facilitiated or even encouraged people to evade taxes and yet be accepted back into the bosum of the government party, happily chirruping about how they'd love to be a minister. It just emphasises the fact that these people obviously not only think that they are above the law, but think that they are synonymous with the law. It seems that the rulings of the Supreme and High Courts are merely a matter of political inconvenience. You just hang around until the smell fades away.
Not that this approach to the courts is a purely political issue in Ireland. Last year was remarkable for the ruling of the Supreme Court (covered here) that Jim Flavin, executive chairman of DCC had engaged in insider trading of shares in Fyffes. Insider trading is, you know, very much illegal. Hence the Director for Corporate Enforcement's seeking to have Flavin and others disqualified from acting as company directors. Paul Appleby, the DCE, has expressed concern that people who "actively participated" in insider trading can still carry on with their corporate lives. Not only is there "no doubt about fraud on the market," but there doesn't seem to be much of a feeling that Supreme Court judgements are in any sense definitively damning.
Hence the fact that DCC's board decided to express their continuing support for Flavin within minutes of the Supreme Court's ruling. Whatever you think of Flavin's pride in "the high ethical standards which we've always fostered within DCC," doesn't that suggest something, whatever the motivations of the board's members, about the status of the rule of law in Irish public life?
While it was good to see that the government might just respond to the scandalous behaviour in DCC I see this and Cooper-Flynn's readmission as a piece. This is not just about people's actions in themselves, it's about how they and their supporters regard the status of public life. It seems that the Irish public sphere is not a shared space, regulated by common consent, but a series of private realms, where the important thing is to get on. While we don't do anything so glamourous as incarceration-as-therapy, we do illegality-as-inconvenience.
Undoubtedly none of this is uniquely Irish. I suspect the slighly bored despair is.
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