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Public Accounts Committee: Special Report No. 77 of the Comptroller and Auditor General - Dublin Docklands Development Authority: Discussion (Resumed) (12 Dec 2013)

Eoghan Murphy: Did Mr. Lar Bradshaw ask for this paper to be prepared?

Public Accounts Committee: Special Report No. 77 of the Comptroller and Auditor General - Dublin Docklands Development Authority: Discussion (Resumed) (12 Dec 2013)

Eoghan Murphy: The minutes from the meeting of 3 October when the IGB, Irish Glass Bottle, site was discussed, state, “the chief executive briefed the board on the confidential negotiations he had undertaken with the developer who had indicated an intention to bid for this site".

Public Accounts Committee: Special Report No. 77 of the Comptroller and Auditor General - Dublin Docklands Development Authority: Discussion (Resumed) (12 Dec 2013)

Eoghan Murphy: To clarify, did Mr. Maloney inform the board that this was Mr. Bernard McNamara?

Public Accounts Committee: Special Report No. 77 of the Comptroller and Auditor General - Dublin Docklands Development Authority: Discussion (Resumed) (12 Dec 2013)

Eoghan Murphy: Was it not obvious to them?

Public Accounts Committee: Special Report No. 77 of the Comptroller and Auditor General - Dublin Docklands Development Authority: Discussion (Resumed) (12 Dec 2013)

Eoghan Murphy: The wording of the minutes is interesting. For instance, they state, “a developer who had indicated an intention to bid for this site”. Mr. Maloney approached Mr. McNamara because he thought he would be a good candidate to go into a joint venture with and informed Mr. Bradshaw of that. Mr. Maloney then approached Mr. McNamara. However, the way it is written in the minutes is...

Public Accounts Committee: Special Report No. 77 of the Comptroller and Auditor General - Dublin Docklands Development Authority: Discussion (Resumed) (12 Dec 2013)

Eoghan Murphy: There were two meetings with Mr. McNamara and the process was getting on quickly with a deadline of 25 October for the bid. Mr. Maloney prepared a paper for the board on 2 October for the meeting on 3 October, which was held abroad. In that paper, it was quite clear Mr. Maloney was making recommendations. Conclusion 11.1 reads: “Decision - the board has authorised the executive to...

Public Accounts Committee: Special Report No. 77 of the Comptroller and Auditor General - Dublin Docklands Development Authority: Discussion (Resumed) (12 Dec 2013)

Eoghan Murphy: This was to open up the actual bidding process. Is it the case that Mr. Maloney was given authority from the July council meeting to approach a developer to explore the possibility and this was the decision, that he would have formal negotiations with Mr. McNamara?

Public Accounts Committee: Special Report No. 77 of the Comptroller and Auditor General - Dublin Docklands Development Authority: Discussion (Resumed) (12 Dec 2013)

Eoghan Murphy: At the beginning of that paper in the summary in paragraph 1, it is stated, “the executive recommends that, if possible, the authority should get involved with development partner or partners in the development of the site if it is to achieve in full measure its objectives under the master plan for the Poolbeg area”. Accordingly, Mr. Maloney, as chief executive officer, was...

Public Accounts Committee: Special Report No. 77 of the Comptroller and Auditor General - Dublin Docklands Development Authority: Discussion (Resumed) (12 Dec 2013)

Eoghan Murphy: No, but it was a recommendation that the authority should get involved.

Public Accounts Committee: Special Report No. 77 of the Comptroller and Auditor General - Dublin Docklands Development Authority: Discussion (Resumed) (12 Dec 2013)

Eoghan Murphy: It was Mr. Maloney’s brief that he would do this, despite the concerns he might have had with Mr. Bradshaw previously on the phone when he thought this was going too quickly or had started off too late.

Public Accounts Committee: Special Report No. 77 of the Comptroller and Auditor General - Dublin Docklands Development Authority: Discussion (Resumed) (12 Dec 2013)

Eoghan Murphy: When Mr. Bradshaw was before the committee, he said in his evidence that “the executive was clearly and unambiguously recommending that we should proceed with the purchase and that the board acted on that advice”.

Public Accounts Committee: Special Report No. 77 of the Comptroller and Auditor General - Dublin Docklands Development Authority: Discussion (Resumed) (12 Dec 2013)

Eoghan Murphy: Yes, I will come to those minutes later. By 3 October, was it the case the executive was pushing this strongly to the board?

Public Accounts Committee: Special Report No. 77 of the Comptroller and Auditor General - Dublin Docklands Development Authority: Discussion (Resumed) (12 Dec 2013)

Eoghan Murphy: At the meeting of 3 October, what discussions were held on the potential valuation of the site?

Public Accounts Committee: Special Report No. 77 of the Comptroller and Auditor General - Dublin Docklands Development Authority: Discussion (Resumed) (12 Dec 2013)

Eoghan Murphy: I want to come back to the valuation section and stick with the minutes of 3 October and the paper there. This is the first time the board has heard that there is an interested developer which it can approach to go into a joint venture with. A detailed paper is prepared for it relating to the development site of Poolbeg. In paragraph 3.2 of the minutes, it states that after a careful...

Public Accounts Committee: Special Report No. 77 of the Comptroller and Auditor General - Dublin Docklands Development Authority: Discussion (Resumed) (12 Dec 2013)

Eoghan Murphy: How quickly did the executive move to open negotiations with Mr. McNamara?

Public Accounts Committee: Special Report No. 77 of the Comptroller and Auditor General - Dublin Docklands Development Authority: Discussion (Resumed) (12 Dec 2013)

Eoghan Murphy: At the same time, the executive then moved to get assurances that it would not be in breach of public procurement rules.

Public Accounts Committee: Special Report No. 77 of the Comptroller and Auditor General - Dublin Docklands Development Authority: Discussion (Resumed) (12 Dec 2013)

Eoghan Murphy: It was in advance of any bid but not in advance of opening negotiations with Mr. McNamara.

Public Accounts Committee: Special Report No. 77 of the Comptroller and Auditor General - Dublin Docklands Development Authority: Discussion (Resumed) (12 Dec 2013)

Eoghan Murphy: Am I wrong to interpret that it was looking for that assurance before it actually opened negotiations - subject to being satisfied, etc., the board agreed that the executive could open negotiations?

Public Accounts Committee: Special Report No. 77 of the Comptroller and Auditor General - Dublin Docklands Development Authority: Discussion (Resumed) (12 Dec 2013)

Eoghan Murphy: Immediately.

Public Accounts Committee: Special Report No. 77 of the Comptroller and Auditor General - Dublin Docklands Development Authority: Discussion (Resumed) (12 Dec 2013)

Eoghan Murphy: I do not think that is clear from the minutes.