Murphy the Incompetent
06 January 2011
Statement by TUV Leader Jim Allister QC:-
“In the space of just a few minutes on today’s ‘Nolan Show’ DRD Minister Murphy demonstrated shocking ignorance on the issue of the day. He, wrongly, advised the public that whether someone is sacked or resigns, they are still entitled to a package. With all that has been going on over NIW how could a competent minister make such a schoolboy error. Likewise, he seemed to have no concept of either the availability or meaning of summary dismissal.
“Anyone dismissed for gross misconduct does not get a severance package, only those who leave by arrangement where their contract provides for such. Yet, we have a Minister dealing with these issues who hasn’t even grasped the basics. What hope for the protection of the public purse when such an incompetent is in charge?
“There are 3 basic questions requiring immediate answer:
- Why was MacKenzie not dismissed, rather than allowed to resign?
- If, as we are told, he resigned of his own volition, what sort of a remarkable contract has he which entitles him to a handsome severance package even when he himself chooses to go? Does this mean that if the crisis had never occurred and he merely decided to leave, perhaps for an even higher paid job, he could have pocketed a severance package? If so, it is a truly remarkable and foolhardy contract, for which the paying public deserve an explanation. If DRD and NIW approved a contract which rewards the contract-breaker, then they have a lot of explaining to do.
- If, he did not go of his own volition, but by arrangement, then, why is this deceptive language being used (MacKenzie in resignation statement says “This is entirely my own decision..”)? If it was by mutual arrangement, and lengthy negotiations over a package suggest that, why did NIW play this soft-landing game on MacKenzie’s terms, rather than opting for dismissal?
“On Nolan, Murphy, then, went on to demonstrate complete muddle in his thinking over the inquiry he has set up. He talked about it making conclusions on culpability, but long before it reports he will have signed off on an irreversible severance package for MacKenzie, meaning any findings against him cannot be visited with any punitive consequences. So, no matter how damming the report might be of MacKenzie he will have long since laughed all the way to the bank. Yet another illustration of Murphy’s incompetence. At least suspension of MacKenzie would have allowed consequences to flow from any findings against him.
“Whereas, it is right that the Utility Regulator should conduct his own inquiry, given that at best he is only quasi independent and with prescribed statutory functions, he is not suitable to deliver the type of transparently independent and robust inquiry required in these circumstances, not least since there are questions about the tardiness of the Regulator’s office in itself getting involved in checking up on NIW during the crisis.
“The regulator’s functions and remit are set out in the 2006 Water & Sewerage Order, and they do not include investigating DRD. It follows that if he is setting the terms of reference, and he does it within his statutory remit, then, there will be no meaningful focus on Murphy or DRD. I have little doubt, this is why the Regulator has been chosen by Murphy, and chosen to draw the terms of reference. It is, as ever, all about self-preservation for this failed Minister.”
