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KSF (IOM) Select Committee issues call for evidence; whilst DCS gets a cash boost
The Select Committee of Tynwald, established at the July sitting of the Court, has issued a call for interested parties to submit evidence on the first two parts of its remit: firstly, the cause of the collapse of the bank in October 2008; and secondly, the roll of the Financial Supervision Commission (FSC) in ensuring the proper management of KSF (IOM) to protect depositors’ funds (or perhaps its failure to do so).
The resumed debate, adjourned at the May 2009 sitting, as expected, resulted in an agreement to form a Committee, rather than an independent public inquiry; and produced no particular controversial comments from Tynwald Members.
The main controversy, as usual, revolved around the antics of Members in appointing the three Members to sit on the Committee.
For some odd reason this important, serious and essential roll of the Parliament, to scrutinize issues of concern, always seems to provoke hilarity amongst members when it comes to electing colleagues to sit on such Committees.
The game appears to be to try and elect Members on to the Committee because they do not want to be on it, or it is considered a bit of a laugh to nominate someone for the sheer hell of it, rather than they will be the Members best suited to undertake the work.
This occasion proved no different to the norm with at least one of the nominated candidates trying to persuade Members not to vote for him. As it turned out they were unsuccessful and managed to get elected on to the Committee.
When approached a few days later by the Manx Herald, to state, in view of his reluctance to be on the Committee, if there would be any lack of commitment, on their part, to see that a thorough investigation is undertaken, Mr Lowey, MLC said he understood the reason for the question but, having been given a job to do by his colleagues, he would do it to the best of his abilities.
He explained he knew it will be a long, hard and timing consuming investigation, which would significantly impact on the time available for other political work; and it was for this reason alone he had hoped to avoid being elected on to the Committee.
Mr Lowey is joined on the Committee by Rushen MHK, Juan Watterson, who has been elected Chairman, and North Douglas MHK, John Houghton.
Mr Watterson is a relative new boy to Tynwald, who has accountancy and auditing background, so the Manx Herald is sure he will be looking to enhance his reputation by producing a comprehensive report.
The issue clearly deserves a thorough investigation and the victims of the bank collapse have high expectations that any failings by individuals or systems will be identified; and those responsible held properly to account. The Manx Herald also expects no less and will be observing the work of the Committee very closely.
Submissions are required, in writing, to the Committee secretary, Ms D Smith, by 25th September 2009, and can either be emailed to deborah.smith@tynwald.org.im or posted to Legislative Buildings, Douglas. IM1 3PW.
In a separate development, Tynwald voted through an amendment to the Depositors’ Compensation Scheme (DCS) to enable up to £193m of reserves to be used to fund the DCS and speed up compensation payments to KSF (IOM) depositors.
As the scheme stood, with it being an ‘unfunded’ scheme, it could have taken a considerable period of time to raise the contributions necessary, from Government and financial institutions, to fund the payments. It is now predicted a single payment will be made in August or September; but, unsatisfactorily, it still amounts to the best part of a year after the bank collapsed.
Essentially the Government is providing an interest free loan, of £120m, to the Scheme (and the banks) and underlines how the Scheme was more a ‘positive marketing’ tool for the financial services industry rather than a credible method of compensating depositors in the event of a failure of an IOM licensed deposit taker.
This latest amendment also highlights the inferior ability of the IOM, and other small jurisdictions, to provide the same level of cover as other financial centres, such as the UK. The proposal clearly falls a long way short of the 100% guarantee of retail deposits by the UK and others; and the much faster compensation payment payouts being made elsewhere; but it appears to be all that is on offer.
The proposal received almost unanimous support, with only Onchan MHK and Liberal Vannin Party Leader, Peter Karran voting against.
The Manx Herald was disappointed, but not surprised, when, during the debate, none of the Members questioned Treasury Minister, Allan Bell how he had managed to pull another £20m out of the hat, when no further money had previously been on offer to make the doomed Scheme of Arrangement more attractive to voters. It had seemed, to the Manx Herald, as the KSF (IOM) shambles lurched from one crisis to another the Treasury persuaded Tynwald to stump up more funding; but no satisfactory reason had ever been given why or how the figures put forward had been arrived at – they always seemed arbitrary figures.
Initially £150m was set aside, which later rose to £173m before topping out at today’s £193m. Moreover, it begs the question is this the final amount or could more be made available if pressure mounts to find a comprehensive, and for the depositors, a100% satisfactory conclusion to the sorry saga?



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Shame on Tywald.
The trust 10,000 people put in the Isle of Man when they put their savings on deposit with KSFIoM has been utterly betrayed. As a consequence the IoM is fast losing credibility as an offshore centre.
The IoM will reap the whirlwind that was created by the crass stupidity of the directors - backed by the FSC - to place over half the assets of the bank, totally unsecured, into Kaupthing UK which went into liquidation in October 2008. It doesn't need 7 months to get at the truth which I have stated here in less than 7 minutes.
The IoM stands to reap the whirlwind of its failure to restore to depositors everything over £50,000 that they put in the trust of one of its banks, because depositors are now posting videos on Youtube warning prosepective depositors & investors: "DON'T BANK ON THE ISLE OF MAN"
If the government choses to 'fiddle whilst Rome burns' then it will reap the whirlwind of its failure to restore to all depositors the money they put in the trust of KSFIoM.
Jim
In two previous posts, which as far as I can see it you censored, I made some of the points you've made in this article. I don't know why you decided to censor but I didn't see anything inaccurate in either. But everybody has their limits.
Anyway, just to add bulk, here is another comment. Let's see how you handle it. Beware: Power corrupts, absolute (editor) power corrupts absolutely.
end of precursor, start of comment.....
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I think the most important observation in the article was that the HoKs found the selection of the TSC panel amusing.
People laugh for various reasons. Two of the most important ones are the identification of absurd inconsistencies, and the other is protection in the face of embarrassment. It strikes me that these two most important reasons were present in that process. The HoKs isn't fooling anybody, not even themselves, with the TSC enquiry and hence the real laughter.
The other laughter was protective embarrassment about just who was to pick up the poisoned chalice of the chair.
I would lay out the obvious conclusions but that might run the risk of seeming to inflame IoM opinion, people do try and have some pride in their government. But I'll refrain and trust that the reality is clear to the thoughtful reader. My only question is when might the Manxes react to the charade?
There were clearly identifiable directors and officials that were tasked with protecting depositors, they self-evidently failed, but to date have been effectively shielded from assuming their responsibilities. They failed and they should pay the normal price of failure which is demotion. This is natural justice. There are serious social reasons for this process. Currently the process cannot be seen to be operating in the IoM, hence the charge of corruption. It will be the acid test for Watterson as to how exactly he saves his political integrity in arranging the appropriate finding.
No wonder the HoKs was laughing.
The real problem for Manxes is that if the politicians (get to) thinking they can avoid responsibilty then what price democracy? I think the Manxes have already encountered this problem
I think it is going to be in for a rude shock when it finds the world no longer considers this offshore centre a place on which they can bank with complete confidence.
The depositors have no quarrel with the people of the IoM; their gripe is directed at the directors & the FSC who failed to exercise due diligence in what they did that brought down the bank. Manx folk need to wake up to the potential disaster that is going to affect the islnd's economy unless the government does the right & honourable thing to protect the well-being of the IoM, namely restore all deposits 100%
Jim
blog: http://ksfiom-blog.blogspot.com
site: http://www.kaupthingiom-dag.co.uk
and then proceeded to attempt string us along to fob us off he became a collaborator with his namesake in Downing Street. Whilst IOMG tries to brush us under the carpet I will be telling anyone who cares to listen "don't bank on the Isle Of Man".
I've seen this sort of behaviour in clubs where everyone wants the benefits without having to take responsibility or do any of the work.
I doubt any depositors who had entrusted their savings to KSFIOM would find as much hilarity in their situation as the Tynwald apparently does. Many depositors have been deprived of their life savings, which they were using to provide themselves with a pension. Some depositors were using their savings to look after elderly relatives, in some cases depositors are now destitute, and in at least one instance, apparently, a depositor has committed suicide. I fail to see the humorous side of the fates of these depositors, clearly I lack a Manx sense of humour.
If members of the Tynwald are unable or unwilling to conduct an inquiry then I suggest you contract it out to someone who is capable of doing so.
Furthermore, as a depositor who's been deprived of my life savings which were entrusted to your jurisdiction I demand you conduct a fully open public enquiry. You haven't got anything to hide have you? Mr Brown boasts that the IOM has an open government; Mr Bell crows every time the IOM wins a Financial Industry award nobody's heard of or the IOM gets an AAA from a ratings agency (surely a thoroughly discredited industry by now). But if Mr Bell and Mr Brown are correct there shouldn't be any facts that don't fit the perception should there?
Some Tynwald members have already warned that a private inquiry will be perceived as a white wash.
Word is spreading that the Isle of Man is not a safe place to bank. Had the IOMG acted quickly to resolve the situation and found some way to guarantee deposits fully you would have had a PR triumph and thousands of grateful depositors. Instead you have thousands of angry depositors and a looming PR disaster. The government of the IOM reminds me of a cartoon character who's run off a cliff but hasn't realised it yet.
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