Committee Reports > List of Committees > Joint > 1989 > Committee on Commercial State-Sponsored Bodies (5th Committee) > Report No. 06 - Certain Allegations Levelled at the Former Chairman of the Joint Committtee on Commercial State-Sponsored Bodies - Deputy Liam Lawlor

Report on certain allegations levelled at the former Chairman of the Joint Committee on Commercial State-Sponsored Bodies - Deputy Liam Lawlor.

Introduction

Early in 1988 the Joint Committee on Commercial State-Sponsored Bodies commenced its examination of Siuicre Eireann CPT. At the time the membership of the Committee consisted of Deputy Liam Lawlor, Chairman, Deputy Liam Kavanagh, Vice-Chairman, Deputies Dermot Ahern, Richard Bruton, Michael Lowry, Pat O’Malley and Dick Roche and Senators Paul Bradford, Brian Hillery, Jimmy Mulroy and Shane P.N. Ross. Between then and December 1988 the operations of Siuicre Eireann CPT were discussed at thirteen meetings of the Joint Committee.

Withdrawal of former Chairman from examination

On 25 January 1989 the Chairman of the Joint Committee, Deputy Lawlor, telephoned the Committee’s Vice-Chairman, Deputy Kavanagh, and indicated that he, Deputy Lawlor, would be taking no further part in the workings of the Joint Committee in relation to Siuicre Eireann CPT. Deputy Lawlor confirmed his intention to withdraw from this aspect of the Joint Committee’s work by letter to Deputy Liam Kavanagh dated 27 January 1989, a copy of which he forwarded to the acting Clerk to the Joint Committee - See Appendix 1.

On 27 January 1989 Deputy Lawlor issued a press release indicating his intention to withdraw from the Joint Committee’s examination of Siuicre Eireann CPT and outlining his reasons for so doing - See Appendix 2.

Media Speculation

Subsequent to these events the issue of Deputy Lawlor’s continued Chairmanship of the Joint Committee and his membership of the Board of Food Industries PLC was raised in the media and in the Dail. By early February, 1989 the matter had become a major public issue.

Resignation of former Chairman from Joint Committee

On 16 February 1989 Deputy Lawlor indicated that it was his intention to resign his membership of the Joint Committee. For procedural reasons his resignation was not effected by the Dail until 21 February 1989. Also, and on that date the Joint Committee met and, at Deputy Lawlor’s request, heard a full statement from him on the matter. Furthermore, Deputy Lawlor was examined by members of the Joint Committee during the course of this meeting. The minutes of evidence of this meeting will be published as soon as possible.

Report of Dail Committee of Selection

On 21 February, 1989 Dail Eireann debated the Report of the Dail Committee of Selection discharging, inter alia, Deputy Lawlor from the Joint Committee and appointing a substitute. A Government proposal to have the Report accepted without debate was unsuccessful. During the course of the ensuing debate, An Taoiseach, Charles J. Haughey, T.D. suggested that the Joint Committee should investigate the matter and report to the House - See Dail Official Report Vol. 387, No. 4, Cols 948-959.

Examination by Joint Committee

Subsequent to that debate in Dail Eireann, the Joint Committee met on six occasions to discuss the issues raised by the events leading to Deputy Lawlor’s resignation and the circumstances surrounding the handling of a number of documents submitted to the Joint Committee by Siuicre Eireann CPT. The Joint Committee summoned the former Clerk to the Joint Committee, Mr. Chris O’Brien who had retired from the Civil Service and the members of the Board of Siuicre Eireann CPT to appear before it.

After some initial difficulties Mr. O’Brien appeared before the Joint Committee on 14 March, 1989. He was questioned primarily on his handling of a document which was sent to him on the 18 November, 1988 following the Committee’s visit to Mallow on 3 November, 1988. A copy of the covering letter is attached - See Appendix 3.

On 17 November 1988 the Chairman of Siuicre Eireann CPT, Mr. B. M. Cahill, wrote to Deputy Lawlor indicating that the Company had forwarded to the Clerk to the Joint Committee on that date, a copy of its response to the questions raised by members of the Joint Committee during the course of their meeting in Mallow - See Appendix 4.

The examination of Mr. O’Brien, on 14 March 1989, focussed on his handling of the document containing the responses to the questions raised at Mallow (“The Mallow Document”). In particular, Mr. O’Brien was asked to indicate whether he had given the former Chairman, Deputy Lawlor, a copy of the “Mallow Document” and he indicated that he had no recollection or record of so doing.

In order to meet Mr. O’Brien’s wishes it was decided by the Joint Committee that his evidence would not be published. Also, and again in deference to Mr. O’Brien’s wishes, the Joint Committee decided that correspondence between him and the Joint Committee would not be published. However, the Joint Committee had on 7 March, 1989 following the meeting held on that day issued a statement relating to the submission made by Mr. O’Brien - See Appendix 5.

Following some further difficulties the Joint Committee met with Mr. B.M. Cahill and Mr. C. Comerford representing Siuicre Eireann CPT on 18 April, 1989. An examination of the two witnesses focussed on (i) the letter dated 17 November 1988 from the Chairman of Siuicre Eireann CPT to Deputy Lawlor, (ii) the document sent to the former Clerk on 18 November and (iii) the discussions which were alleged to have taken place during the course of a Board meeting of Siuicre Eireann CPT on or about 16 November 1988 regarding the wisdom of circulating the “Mallow Document” to the Joint Committee while it was being chaired by Deputy Lawlor. These latter allegations had emerged during the course of the Dail debate of 21 February 1989 (Volume 387, No. 4) and during the course of the examination of Deputy Lawlor by a member of the Joint Committee, Deputy O’Malley. During the course of the examination of the witnesses from Siuicre Eireann CPT the following facts emerged:

(1) The Chairman and Chief Executive both denied circulating a copy of the “Mallow Document” to Deputy Lawlor. Both confirmed that the only copy of the document sent to the Joint Committee had been that sent to the then Clerk on 18 November 1988.

(2) Both the Chairman and Chief Executive dismissed suggestions that the “Mallow Document” was a document of any significant commercial sensitivity and pointed out that substantial elements in the document had already been published or leaked to the media.

(3) Both the Chairman and Chief Executive denied that any discussion relating to Deputy Lawlor had taken place at the November 1988 board meeting of Siuicre Eireann CPT. The minutes of evidence of this meeting will be published as soon as possible.

Conclusions of the Joint Committee

Following its meetings with the representatives of Siuicre Eireann CPT and with its former Clerk, the Joint Committee concluded that there was no need to call further witnesses in relation to this aspect of its examination of Siuicre Eireann CPT.

On the basis of the evidence before the Joint Committee

(1)there is no record or evidence that the former Clerk gave a copy of the “Mallow Document”, (the document which was the focus of the controversy which arose in February 1989) to the Joint Committee’s then Chairman, Deputy Lawlor,

(2)Siuicre Eireann CPT did not send a copy of this document to Deputy Lawlor,

(3)there is no evidence to support the allegation that the Board of Siuicre Eireann CPT had at any stage discussed the propriety of forwarding the “Mallow Document” to Deputy Lawlor and

(4)while the value or otherwise of the “Mallow Document” is a matter for subjective assessment the Joint Committee notes the assessment of the Chairman and Chief Executive of Siuicre Eireann CPT that this document did not have any major commercial significance.

Finally, the Joint Committee is continuing with its examination of Siuicre Eireann CPT.

(25 May, 1989).