Committee Reports::Report No. 02 - Irish Shipping Limited::03 April, 1985::Appendix

APPENDIX 4

LETTER TO SECRETARY, IRISH SHIPPING LIMITED, FROM CLERK TO JOINT COMMITTEE

I am directed by the Chairman of the Joint Committee on Commercial State-Sponsored Bodies, Mr. Frank Prendergast, T.D., to inform you that the Joint Committee at its meeting on 28 November, 1984 passed the following Resolution:


“That the Committee recognises the widespread public concern regarding the situation in Irish Shipping and further recognises that the lessons to be learned from that experience may have relevance to other Semi-State companies; accordingly resolves to publish a report and conclusions on Irish Shipping as soon as possible; and in this regard, it directs the Clerk to the Committee to invite any of the following who may be willing to do so to give evidence to the Committee:-


A. The Board of Irish Shipping.


B. The Board of Celtic Bulk Carriers.


C. Representatives of the appropriate Unions.


D. Any member or group of staff members of Irish Shipping.


E. The Minister for Communications or appropriate members of his staff.


F. The Provisional Liquidator.


G. Representatives of the Department of Finance.


H. Any other persons who might have relevant information.”


In relation to the Board of Irish Shipping Limited perhaps you will be good enough to let me know as a matter of urgency whether the Board wishes to accept the invitation to give evidence to the Joint Committee.


C. O’BRIEN,


Clerk to the Joint Committee,


3 December, 1984.


LETTERS TO CLERK TO JOINT COMMITTEE FROM FORMER CHAIRMAN AND MEMBERS OF BOARD OF DIRECTORS OF IRISH SHIPPING LIMITED

IRISH SHIPPING LIMITED (IN LIQUIDATION)

(i)I received on 18 December letters from both the Liquidator and the former Secretary, Mr. Dermot McNulty, enclosing a copy of your letter to Mr. McNulty dated 3 December, 1984.


As I know you will by aware, Mr. Tempany is now the Court appointed Liquidator of the Company and in the light of this appointment by the High Court and the fact that the powers of the Board have now devolved upon him, I feel that I am not in a position to accept your invitation to appear before the Joint Committee. As you will appreciate, all the files, books and records of the Company are now under Mr. Tempany’s control and he is therefore the only person at this stage who can properly represent the Company on any issues arising.


I trust that the Committee will understand my position in the present circumstances.


Yours sincerely,


FRANK BELTON,


3 January, 1985.



(ii)I received shortly before Christmas your letter addressed to Mr. McNulty, Secretary, Irish Shipping Ltd. and forwarded to me by the official liquidator, Mr. M. Tempany, inviting members of the Board of Irish Shipping to appear before the Joint Committee.


I regret that I feel that it is inappropriate for me to attend the Joint Committee. I joined the Board of the Company in August 1983. The decisions which ultimately led to the liquidation of Irish Shipping were taken some years previous to my appointment and accordingly, I cannot cast any light upon the events which contributed to the demise of Irish Shipping.


In addition to the foregoing, as you are aware the Company is in liquidation and as I understand it the Board no longer exists which therefore affords me no status in any of the nominated categories contained in the resolution made by the Joint Committee.


Yours faithfully,


T. M. O’BEIRNE,


3 January, 1985.


RE: IRISH SHIPPING (IN LIQUIDATION)

(iii)I received on 18th December letters from both the Liquidator and the former Secretary, Mr. Dermot McNulty, enclosing a copy of your letter to Mr. McNulty dated 3rd December, 1984.


As I know you will be aware, Mr. Tempany is now the Court appointed Liquidator of the Company and in the light of this appointment by the High Court and the fact that the powers of the Board have now devolved upon him, I feel that I am not in a position to accept your invitation to appear before the Joint Committee.


As you will appreciate, all the files, books and records of the Company are now under Mr. Tempany’s control and he is therefore the only person at this stage who can properly represent the company on any issues arising.


I trust that the Committee will understand my position in the present circumstances.


Yours sincerely,


DONAL O’BUACHALLA,


8 January, 1985.


IRISH SHIPPING LTD. - IN LIQUIDATION

(iv)I received just before Christmas a letter from the Liquidator of Irish Shipping Ltd. enclosing a copy of your letter to Mr. McNulty dated 3rd December.


As I have been on leave over Christmas I have not had a chance to deal with it before now and I would like to apologise for the delay. I was appointed a Director of Irish Shipping Ltd. on 29th August, 1984 and have therefore only been a very short time on the Board. In view of this fact and the fact that Mr. Tempany is now the Court appointed Liquidator with control of records and all information in relation to the Company, I feel that I could not be of any value to the Committee and therefore I am not in a position to accept your invitation to appear before the Joint Committee. Will you please convey this to the Committee who I hope will understand the reasons given above.


Yours sincerely,


A. M. PRENDERGAST,


10 January, 1985.


(v)With reference to the affairs of Irish Shipping Ltd., the Board of that company have jointly decided not to accept the invitation to give evidence to your Joint Committee.


With only a short break, I have been on the Board of Irish Shipping since 1977 and am willing to personally appear before your Joint Committee and assist your enquiries in any way I can provided a mutually suitable date can be found.


Yours sincerely,


T. A. FINUCANE,


2nd January, 1985.