MR Frank Clarke SC, the former chairman of the Bar Council, will conduct the review of the remuneration package of suspended Bord na Mona managing director, Dr Eddie O'Connor, that was ordered by the Cabinet on Tuesday. Mr Clarke, a highly experienced barrister, carried out the investigation into the affairs of the property company CountyGlen in 1994.
The terms of reference of the new review have not been published. However, the thrust of the examination will be to examine the legal issues surrounding Dr O'Connor's remuneration arrangement, according to one source. It is unclear whether the scope of his review will also include the handling of the whole affair by the board of the company under its chairman, Mr Pat Dineen.
Meanwhile, sources last night continued to expect further efforts to broker a settlement package between Dr O'Connor and the Government. A majority of the Cabinet is thought to believe that efforts should be made to conclude such an agreement as quickly as possible. Dr O'Connor is understood to be continuing to prepare an application for a judicial review of the decision to suspend him, if no settlement is reached.
In a statement last night, the Department of Transport, Energy and Communications said Mr Clarke has been asked to report as quickly as possible" on his review, which Would cover issues arising from the remuneration package of Dr Edward O'Connor".
Mr Clarke's most likely first move will be to get the two sides to the dispute, which are expected to be represented by senior counsel, together for a preliminary hearing as soon as possible. Mr Bill Shipsey SC is expected to represent Dr O'Connor. It would not be possible to determine how long the review would take until that occurred, explained legal sources.
The decision to appoint a barrister to conduct the investigation, rather than an accountant, was significant, explained legal sources. It indicated there would be no major review of the work carried out on Dr O'Connor's remuneration by accountants Price Waterhouse. Mr Clarke's review is expected to concentrate on the legal aspects of the findings contained in the two Price Waterhouse reports.
It was also unclear last night if Mr Clarke would be assisted in his review. A senior partner in the accountancy firm, Arthur Andersen, is understood to have been approached by the Government.
Mr Clarke is a specialist in commercial and constitutional law.
He became chairman of the Bar Council in 1993, a position which he held until last year.
Mr Clarke has appeared in many notable cases including the McGimpseys' Anglo Irish Agreement case and the abortion information case. He was also the High Court appointed inspector into the CountyGlen affair, finding that the manner in which the company was taken over and its assets spent had been fraudulent.
Mr Dineen issued a statement yesterday following his meeting with senior management of the company and Minister for Energy, Mr Lowry, welcoming the Minister's message that he and the acting chief executive should focus on developing Bord na Mona.
