Oireachtas Joint and Select Committees
Thursday, 10 April 2014
Public Accounts Committee
Payments to Section 39 Companies: (Resumed) Rehab Group
11:55 am
Mary Lou McDonald (Dublin Central, Sinn Fein) | Oireachtas source
Fine. We have the detail of Mr. Flannery's payments. While Mr. Poole is seeking out those figures, I wish to draw the attention of the other witnesses to Rehab's memorandum and articles of association and specifically, to clause 4. I do not know if the witnesses have this document with them but I will read out the relevant section because it makes for interesting reading. Clause 4 states that "no member of the company's board, group of directors or governing body, by whatever title called, shall be appointed to any salaried office of the company". That goes to Mr. Poole's explanation of why he is not on the group board. It goes on to say that no remuneration or other benefit, in money or money's worth, shall be given by the company to any member of the board, to the directors or the governing body. It makes it clear that the practice is that directors serve in a voluntary capacity. It goes on to say that an exception can be made in terms of members of the group board of directors but only where that member holds not more than a 1% part of the capital of the company in question. In other words, it is allowable, according to Rehab's memorandum and articles of association, but only when the threshold of involvement of the board member is very low.
Perhaps Mr. Poole will tell me, or can I surmise that in the case where payments were made to members of the board of directors, their interests in the companies concerned exceeded that very modest threshold? Would I be correct in saying that?
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