Translate

Tuesday 6 August 2013

Tom Lyons: 'The flagrant disrespect for rule of law was abysmal' Mike Aynsley explains here why IBRC withdrew its support for Sean Quinn.

THE decision by IBRC, formerly Anglo Irish Bank, to move against former billionaire Sean Quinn in early 2011 was one of the most controversial decisions taken by the bank led by Mike Aynsley, its former chief executive.

It led to local protests and an epic legal battle between the Quinn family and the bank which stretched from Derrylin, Co Fermanagh, to Russia, the Ukraine and India.
In the end, both Sean Quinn Sr and his son Sean Quinn Jr ended up in jail for contempt of court in relation to their overseas property empire amid serious claims of asset-stripping.
Quinn's nephew Peter Darragh Quinn, meanwhile, absconded to the North rather than face up to a prison spell.
The Quinn family, however, continue to fight Anglo in the courts as they try to prove that loans from the bank are invalid. They believe that ultimately they will be vindicated.
Last week, the Sunday Independent exchanged emails with Mike Aynsley discussing the circumstance around the State's liquidation of Anglo. In this second instalment of Aynsley emails, he explains the bank's reasoning for withdrawing its support for Sean Quinn.
Aynsley also discusses the role of politicians in allowing Ireland's banks to go crazy and what needs to be done to stop such a disaster ever happening again.
Supporters of Fermanagh entrepreneur Sean Quinn have heavily criticised Anglo and claim he was not treated fairly. How would you respond?
Mike Aynsley responds: "I am not really keen on talking about the Quinn situation even though there is an enormous amount of information in the public domain because, as you know, it is before the courts. Nonetheless, I will say that the bank spent an enormous amount of time and effort, over many, many months and as a result of multiple meetings with the Quinns, analysing this very difficult and complex situation. We tried to work out a solution that did not include enforcement.
"Since the new board and management team began our work, a clear policy of the bank has always been to work consensually with the client as this always produces a better economic outcome than the enforcement option. It was no different with the Quinn situation – we were dealing with a set of high-value, complex businesses that were in enormous difficulty due to the debt burden that had been placed on them. The bank would have liked nothing more than to find a solution different to that eventually pursued, but unfortunately there was not a willingness on the Quinn side to work with the bank within terms that the bank could accommodate.
"The 'Quinn Proposal' is something that comes up from time to time and is referred to as a plan that would have turned the fortunes of the group around 'if only the bank had approved it'. This proposal was looked at every which way (and many variations) to see whether we could find a solution other than enforcement – it included a massive amount of work by a number of external parties and specialist advisers. The outcome of all of this, combined with a reluctance by the Quinns to work with the bank on terms the bank could accommodate, was that it was not possible to pursue the proposal as it was simply not a financially viable or executable plan."
Anglo spent a lot of its efforts during your time pursuing the children of Sean Quinn around the world to try and get back control of overseas properties in Russia, the Ukraine and India. What are your views on this?
"Again, I don't want to go into any detail on this. I just find the actions taken by [certain members of the Quinn family] to strip assets from the International Property Group disgraceful – the flagrant disrespect and sheer contempt for the rule of law is both breathtaking and abysmal."
Do you think that Ireland has changed enough at the top to prevent other banking disasters happening again?
"I think the growing awareness by all (Ireland and elsewhere) of what led to the banking disaster and drove the global financial crisis is critical to preventing a repeat. But it's quite a bit more than that.
"It's not just about awareness. It's about putting in early warning systems, oversight mechanisms and a workable control environment that ensures there is no repeat. The days of the Greenspan vision of 'self-regulated markets' is well and truly over with a recognition that this approach led to a clear-transition from self-regulation into self-interest.
"There also has to be a willingness to confront the difficult issues and take the difficult decisions. This is what I was referring to [on the Tonight with Vincent Browne show] with the 21st birthday analogy where the most unpopular guy in the room is he who stands up at the end of the night and tells people to stop having a good time and go home!
"A formal and independent regulatory environment and effective oversight mechanisms will help drive the change in thought process and help to avoid the deficiencies in supervision that existed in Ireland's regulatory framework during the boom years and prior to the decision to rebuild it in 2009.
"But importantly, at the political level, there has to be a willingness to 'stop the party' when any 'bubble' inflates beyond an acceptable or safe level. History tells us that this is a very difficult thing to do, whether in Ireland or any other part of this planet. In many jurisdictions, they have developed a full separation or strengthening of the wall between government and the central bank/regulator focused on eliminating potential areas where conflicts between related parties exist or could potentially develop.
"This crisis, particularly in Ireland, has surely and starkly taught us all the dangers and impacts of not taking action. Keeping this experience fresh in our minds as the markets move through recovery and into sustained growth cycles will be the key challenge. It's essential that Ireland, through an independent Central Bank, continue its current focus of building effective mechanisms to underpin a robust regulatory and supervisory framework.
"For the authorities and regulators both inside and outside of Ireland, the challenge will be in designing and implementing efficient and cost-effective mechanisms, that do not retard the market's ability to move forward at a reasonable pace. The last thing anyone needs is an overly burdensome, bureaucratic and costly set of controls and regulations that are unworkable outside of the theoretical world and kill incentives and innovation."
What do you think the other Irish banks need to do?
"Looking at the Irish banks, much progress has been made generally in cleaning up their balance sheets but more needs to be done as quickly as is possible to support their full recovery and position them to provide credit (lending) back into the markets at a speed sufficient to support the pace of economic growth. The banks must be allowed and supported in transitioning their business model back to strong profitability, which is a prerequisite in terms of capital growth necessary to support a growing economy.
"Generally, though, the banks need to continue to apply resources to rebuilding image and credibility in the minds of the public. They can only do this through good governance and through building internal controls to ensure there is no repeat of the behaviours of the crisis years. The banks need to work with the Central Bank and the Government to ensure a partnership exists where good governance co-exists with the commercial realities of running a bank and risk are managed responsibly."
You have had the odd issue with Nama in the past. How do you view Nama at this point?
"Nama also deserves to be fully supported in its efforts, although it is becoming increasingly clear that all such bodies in the eurozone are being required to provide much more transparency in their activities. I believe this will continue and expect there will be calls to extend independent review and supervision to include them. Having said this, Ireland has to move on beyond Nama, and will – it's just a matter of when, and there may come a time not too far away when the model may need to be modified to support a speedier transition of its assets back to the private sector, which, of course, is where they really belong."
What did you and your management team achieve at IBRC?
"I think there is a long list of achievements from nationalisation through to the point of liquidation. I think some of the top ones, in summary, would be:
"• Led the Bank through a period of unprecedented market turmoil whilst dealing with multiple high-profile legacy issues, in a highly politically sensitive environment.
"• Built a new leadership team and drove significant changes in the broader organisation, including overhauling the risk functions and establishing new governance and control processes
"• Conducted thorough due-diligence of Nama-bound and post-Nama loan portfolios to identify the true quality of the underlying assets, established asset/loan recovery strategies and set-up specialist work-out units to proactively resolve distressed loans, maximise recovery and, where appropriate, restructure such loans so as to strengthen and improve asset quality.
"• Supported the Irish and international authorities' broader restructuring of the bank and the Irish banking landscape.
"• Successfully executed the acquisition of Irish Nationwide Building Society and the downsizing of the total asset portfolios from a pre-crisis high of some €110bn to current net loan levels of around €15bn.
"• One of the biggest issues and most difficult challenges as we went through was also to address the significant cultural issues in the bank. I am talking here about things like what came out in the 'Anglo Tapes'."
What's next for Mike Aynsley now this chapter of your life is over?
"The last nearly four years in Ireland has been a truly unique experience.
"Professionally, I ask myself how should I try and describe three and a half years as CEO of the 'Baddest Bank on the Planet'? Character-building probably covers a good bit of it! It's difficult to express in a few words the learnings that come out of a situation as complicated, diverse and unusual as the Anglo Irish Bank debacle. But all these learnings and experiences will be extremely valuable where I plan to focus my efforts for the next few years, which is staying in the eurozone and helping the highly stressed banking industry to restructure and recover.
"On the personal front, it has been a great place to live where we've made many good friends and travelled to some truly remarkable parts of the country, so many, but my personal favourites are the walks in and around Glendalough and a truly amazing trip out to the top of Skellig Michael.
"It'll be difficult to leave ... "
Sunday Independent


No comments: