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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: I take the point but I think it is recognised by the Department as a conflict of interest because those two positions have now been split.

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 step back a little, the letter was sent on 12 October and this communication began seeking sanction on a particular percentage for a particular plot ratio and site mix. On 20 October there was a board meeting but that letter seeking sanction was not discussed.

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 the board discussed it at the meeting of 24 October, and it is noted in 8.2 in the minutes, Mr. Bradshaw believed that amounted to formal notification to the Department of the change in circumstance because Ms Moylan was there. Mr. Maloney clearly believes the same. In her evidence Ms Moylan also said she was satisfied that the decision did not contravene what the Minister agreed. She...

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

Eoghan Murphy: What prompted the discussion at the meeting of 24 October?

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

Eoghan Murphy: Is Mr. Maloney referring to the board pack of documentation for 24 October? Is that when he came across the letter?

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

Eoghan Murphy: Does Mr. Maloney see the difficulty in that he did not read the letter before it was sent and yet by 24 October, the day before the bid and the day of sanction, as far as the Department is concerned it is working with the wrong figures because Mr. Maloney had not read the letter.

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

Eoghan Murphy: Mr. Maloney informed Ms Moylan when he informed other board members at that meeting on 24 October that there was a mistake in the letter that had gone in on 12 October.

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 he receive sanction for the bid on 24 October?

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 she indicate to the board that she, acting for the Department, was going 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: The board meeting began at 8 a.m. on 24 October. At what time did conclude?

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 this a telephone meeting?

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

Eoghan Murphy: She was calling from her office in the Department, but said as a member of the board, that the Department will still issue a sanction. How does Mr. Maloney not see that as a conflict of interest?

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

Eoghan Murphy: Does Mr. Maloney accept retrospectively that there is a conflict when the board is discussing a complete change of circumstances on the deal at a relatively brief board meeting given that the company was going to bid the next day, and a board member is sitting there and says not to worry that she will take care of it?

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

Eoghan Murphy: That was why the roles had been separated.

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

Eoghan Murphy: But she had to seek sanction from the Minister; it was not for her to give sanction.

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

Eoghan Murphy: She also said she had not reported back from the board to the Department.

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

Eoghan Murphy: However, as far as Mr. Maloney is concerned, when he had this discussion during the one-hour teleconference board meeting, he was giving formal notification to the Department.

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

Eoghan Murphy: What would be considered to be a complete change in circumstances in seeking sanction?

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

Eoghan Murphy: Unfortunately, Mr. Maloney cannot be comfortable that the Department knew because of the exchange of the information right up until 19 October-----

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

Eoghan Murphy: -----and because Ms Moylan told the committee that she had not reported back to the Department what had been discussed by the board. I do not know how one manages this because the same person is involved, which is why we are discussing the conflict. The bid was made the day after the one-hour teleconference meeting on 24 October. Earlier Mr. Maloney said that at the outset of exploratory...