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The Irish Independent reports that Irish Life & Permanent (IL&P) has denied there is any potential conflict of
interest in its pursuit of EBS, though one of its directors is the chair of NCB
Stockbrokers, the firm advising EBS on the transaction.
Four bidders have expressed an interest in purchasing EBS, and NCB and KPMG
are being retained by the building society for advice on the sale. NCB is
chaired by Breffni Byrne, a non-executive director at IL&P. A spokesman for IL&P said Mr Byrne had advised the board of IL&P of his
position as a non-executive chairman of NCB. Mr Byrne made it clear that as a
non-executive chairman of NCB he had no role in respect of the EBS transaction,
the spokesman said. IL&P is currently chaired by Gillian Bowler (pictured).
The other bidders for EBS are Doughty Hanson, owner of TV3, JC Flowers, the
US private equity company and Cardinal Asset Management, controlled by Irishmen
Nick Corcoran and Nigel McDermott. The NTMA is handling the sale and a preferred
bidder is expected to be named shortly.
If IL&P does not emerge victorious in the bidding round, it will be the first
time a new entrant has come into Irish banking in several years.
The scale of the capital the bidders are prepared to commit to EBS is one of
the key considerations, but some of the bidders are also believed to want a
state guarantee over any potential future liabilities.
EBS, like Irish Nationwide, is effectively controlled by the state through a
special investment share and any bid needs the consent of the Finance Minister
and the Regulator.
Ignore
While the Competition Authority normally has a role in bank mergers,
legislation passed in the past two years allows the Finance Minister to ignore
the authority if he feels it is necessary.
Mr Byrne joined IL&P in 2004. He is a non-executive director at Coillte,
Tedcastle Holdings and Cpl Resources. He is a former senior partner of the audit
business of Arthur Andersen in Ireland.
The Irish Independent also reports that banks and building societies are seeking more time before
they have to put in place new rules for dealing with
householders in arrears on their mortgages.
Financial
Regulator Matthew Elderfield has suggested major changes to
the way lenders deal with homeowners in arrears.
The Irish Banking Federation (IBF) has not objected to
the changes in the revised code of conduct on mortgage
arrears, but has questioned the deadlines set to implement
the amendments.
In a submission made on the proposed changes to the code,
the IBF has also sought clarification on how some of the new
rules would work in practice.
The Regulator published a document proposing changes to
the code and sought submission up to last Friday.
If implemented, the planned changes would make it more
difficult for mortgage-holders to end up having their homes
repossessed.
Moratorium
The new rules would allow those in arrears to stay in
their homes longer than allowed by the current 12-month
moratorium on repossessions.
Lenders would have to explore all viable options with
borrowers in arrears and examine all alternative repayment
measures.
Where borrowers are behaving reasonably, banks and
building societies would have to wait at least a year before
applying to the courts to repossess a home.
Each lender would have to set up an arrears support unit,
and put in place a mortgage arrears resolution process. They
would also have to have a dedicated person dealing with
arrears in each branch.
The regulator had been seeking to have these changes in
place by November, an IBF spokesman said.
In a submission to the regulator, the IBF has questioned
the deadline for implementing the new processes.
Bankers have also sought clarification on some of the
other proposals. For instance, they want to know if
designated branch officers dealing with arrears could carry
out other functions within the branch.
The Irish Times reports that the €25 billion or more costs of bailing out Anglo Irish Bank
are “manageable” and will not bankrupt the State, Minister for
Finance Brian Lenihan has contended.
Mr Lenihan accepted,
however, the Government must chart a clear course for Anglo to
“derisk” it for the taxpayer and to allay international concerns
about the bank sinking the economy.
He said the best option for Anglo was reducing its debt and
its risk over an extensive period. Mr Lenihan would not disclose
if the Government, as has been reported, now favours a wind-down
over a long period over the good bank/bad bank solution proposed
by Anglo’s management.
Speaking before his departure for Brussels where he met EU
competition commissioner Joaquín Almunia to discuss the bank’s
future, Mr Lenihan also disclosed the date for this year’s
budget – Tuesday, December 7th.
Mr Lenihan told RTÉ the Government had had to live with the
danger posed by Anglo since September 2008 and had to “navigate
some very difficult waters”.
“International conditions have become much more fragile since
May of the year. There’s a general uneasiness in European
markets. We have to hold our nerve,” he said. “We need to set
out a clear course for the bank and how it will be derisked for
the Irish State and the Irish taxpayer.”
The Minister said the alternative of letting the bank fail
was “unthinkable”, and asserted there could be no default on
debt. He said the economic situation in Iceland had continued to
decline since it defaulted, while “we are seeing stabilisation
here in Ireland”.
He also said Latin American companies that defaulted had been
left in “deepfreeze” for many years.
Taoiseach Brian Cowen would also not disclose the
Government’s position ahead of Mr Lenihan’s meeting with Mr
Almunia.
Speaking in Tullamore, Mr Cowen would say only he sought a
solution that “was in the best interests of the taxpayers”
and
that all options were being looked at.
Fine Gael’s deputy finance spokesman Kieran O’Donnell said
the Government’s conversion to a wind-down solution was a
monumental U-turn. He said Fine Gael had called for an orderly
wind-down of Anglo two years ago, but the Government had been
determined to keep the bank alive.
“We are now in a situation where it will cost €25 billion or
upwards. People know it was wrong. The Taoiseach and Minister
call it an evolution. But it is really a monumental U-turn,”
said Mr O’Donnell.
Labour’s finance spokeswoman Joan Burton said Fianna Fáil had
prioritised saving Anglo over creating jobs in the economy.
“If the Government knowingly guaranteed the debts of bankrupt
banks, as now seems to have been the case, they will have
jeopardised Ireland’s economic sovereignty to save a niche
developers’ bank of little systemic importance to the economy as
a whole.
“The Labour Party stood alone in the Dáil in opposing the
blanket bank guarantee, and subsequent events have since
vindicated this position,” she said.
The Irish Times also reports that the board of the State training authority, Fás, is expected to
conclude a two-day meeting in Waterford today where it is
considering the organisation’s future.
A change to the
authority’s name could be among the ideas agreed at the
meetings. A spokeswoman could not say yesterday if the board
would issue a comprehensive statement after the meeting.
Paul O’Toole, the director general appointed in April of last
year, told RTÉ that he believed that difficulties which emerged
in a recent European audit of Fás expenditure would be
satisfactorily resolved.
The difficulties have led to the temporary cessation of
claims by the State for European Social Fund money. EU funding
of €211 million was allocated to Ireland for the period 2007 to
2013.
“We believe we will be able to make claims for that €211
million,” Mr O’Toole said. “That will be our aim.”
He said that the authority had previously recorded
information about certain courses on an estimated basis and then
later reconciled it on an annual basis. However, the EU wanted
the actual expenditure recorded and this system change would be
introduced.
Mr O’Toole apologised to persons who had completed some Fás
courses but had not been issued with certificates. There had
been a problem in this area but the authority would resolve it
as soon as it could.
He said that the organisation was going through a fundamental
change and the issue of a new name could come up in that
context.
Policy and budget functions in the authority’s employment and
community services divisions are to be transferred to the
Department of Social Protection on October 1st. Operational
functions in these areas will be transferred once the required
legislation is passed. This will involve about half of the
authority being transferred.
The authority will emerge as a re-focused skills agency at
the end of a strategic review, Mr O’Toole said. Fás staff were
doing their best for the large number of people now out of work,
he said.
There are three main items on the board’s agenda – the
organisation’s current performance, issues surrounding
contracted training and the strategy for the future of its
operations.
Ruairí Quinn of the Labour Party has suggested that Fás
should be closed down but Eamon Devoy, general secretary of the
Technical Engineering Union, said that Fás needed renewal but
not dismantling.
“Fás is carrying out its core activities extremely well,”
he
said.
The Irish Examiner reports that homebuyers are putting their properties at risk by
prioritising personal debts, such as credit cards, ahead of mortgage
arrears, warns one industry expert.
Debt Management Association of Ireland (DMAI) chief executive Eugene
McDarby warned consumers against going into arrears during any mortgage
restructuring. Those arrears will inevitably lead to extra charges.
He said putting mortgage arrears on the back burner could see consumers
plunge, unwittingly, into deeper debt. The warning comes at a time when
consumers owe in excess of €180 billion and are now one of the most
indebted populations in Europe, he said.
"I am concerned, now that interest rates have jumped, that mortgage
holders will opt now for interest-only mortgages, or consider a
moratorium to alleviate the burden of their monthly mortgage repayment.
The problem is that this is usually done for all the wrong reasons – ie
to pay off other personal debts which are secondary."
Mr McDarby said people are getting into mortgage arrears not only
because their income has dropped but also because they are paying
non-priority creditors ahead of their mortgage lender. He warned that
this is dangerous and irresponsible but has come about, he said, because
of the pressure tactics being used by unsecured creditors to get paid
quickly.
"People mistakenly believe that if they pay unsecured debt first – ie,
credit cards, store cards and other loans – ahead of their mortgage that
their mortgage can be restructured into an interest-only loan.
"This is a false economy, and it will only plunge the unsuspecting
consumer into further, deeper debt," he added.
The DMAI chief executive said that this ill-advised approach to debt
repayment has come about due to people’s failure to understand the
difference between secured debt and unsecured debt.
He warns that people could lose their homes if the creditor who "shouts
loudest" is the one that gets paid quickest.
He advises under-pressure mortgage holders to pay what they can during
any restructuring process. Should they go into arrears, they will incur
unnecessary charges on their mortgage in the longer term.
Early intervention is crucial. He also urges mortgage holders to seek
instead a capital and interest repayment scheme and a restructure over a
longer term as an alternative solution.
There have been cases where building societies won’t restructure
mortgage repayments until arrears are cleared, which is why it’s
important not to go into arrears in the first place, he said.
Although legislation for the debt management industry has not been
introduced yet, McDarby said lenders are normally open to professional
debt management plans if they believe they are being treated fairly and
the borrower is doing their utmost to pay the debts off as quickly as
possible.
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