The planning tribunal is to investigate contacts between the lobbyist Frank Dunlop and Brian Cowen when he was minister for transport in 1993/94 over the provision of a road access across State land near Dublin airport for a business consortium.
The tribunal heard yesterday that Mr Dunlop had access to correspondence sent by Mr Cowen to the chairman of Aer Rianta about the project within days of it being issued.
The tribunal was also told that the lobbyist had phoned Mr Cowen in Brussels about objections raised by his department to the rezoning of the lands. Mr Dunlop maintains that these objections were subsequently withdrawn.
The 24-acre property, which is known as the Cargobridge lands, had been bought in 1991 for £1 million. However, it was landlocked, with only an agricultural right of way. Mr Dunlop was retained to advise the consortium on negotiations with the Department of Transport on the provision of commercial access so as to facilitate the development of the site.
The tribunal has learned that Ciarán Haughey, son of former taoiseach Charles Haughey, was a secret member of the Cargobridge consortium. Ciarán Haughey's company, Celtic Helicopters, owned adjoining land.
Another member of the Cargobridge consortium was Michael McGuinness, the brother of Fianna Fáil TD John McGuinness.
Mr Dunlop will say that he sought "a ministerial intervention" with regard to securing the right of way.
However, the tribunal heard that there would be evidence of cross-party support for the Cargobridge development and that the minister had also received representations from ministerial colleagues and the opposition about the project.
However, Aer Rianta was strongly opposed to the plan.
Tribunal counsel Pat Quinn SC said that initially the Department of Transport had maintained that the minister would consider the question of a commercial right of way after the company had secured planning permission and change of use for the site.
He said the land had been rezoned for industry in May 1993 and shortly afterwards the consortium had made representations about the right of way.
He said that department files showed that by May 1993 the minister appeared to be changing his position, to the effect that he would grant, rather than consider granting, the right of way when the company secured the planning permission. Mr Quinn said that by April 1994 the planing permission requirement had been omitted and that the minister was prepared to grant the right of way subject to arbitration on price.
On December 2nd, 1994, Mr Cowen directed Aer Rianta chairman Noel Hanlon to examine the right of way issue and said that if agreement could not be reached with Cargobridge that the matter would be sent to arbitration. Mr Cowen copied this letter to Michael McGuinness.
"It would appear that for whatever reason that on Monday, December 5th, 1994, Mr Dunlop was in a position to fax Mr McGuinness the letter from Mr Cowen to Mr McGuinness and the letter from Mr Cowen to Mr Hanlon," Mr Quinn stated.
He said Mr Cowen can recall one meeting with Michael McGuinness but that his information to the tribunal to date did not disclose any involvement of Mr Dunlop.
He said Mr Cowen will say that in dealing with the issue he would have looked at the correspondence including the formal case for the right of way.
Mr Quinn said that prior to February 2004, Mr Dunlop had not informed the tribunal about any involvement with Mr Cowen. He said Mr Dunlop had subsequently said that in 1993 he had phoned Mr Cowen in Brussels about a letter from the department purporting to be the outline of objections to the rezoning of the lands.
"The minister on being contacted knew nothing about it and Mr Dunlop believes that the letter was withdrawn," he said.
Mr Quinn said the tribunal would examine evidence of contact between Mr Cowen and his department on one hand and Mr Dunlop on the other. The Cargobridge consortium eventually received a right of way access in 1995.
Mr Cowen declined to comment last night.
