The European Investment Bank is seeking legal advice over a threat by Mr Denis Riordan to seek an injunction against it if its board of directors goes ahead with a postal vote tomorrow on the nomination of Mr Hugh O'Flaherty , as a bank vice-president.
The EIB Secretary-General, Mr Francis Carpenter, had his holidays interrupted yesterday to deal with the latest twist in the controversy. The deadline for voting for the EIB's board of directors is close of business tomorrow evening.
Mr Riordan faxed and emailed a letter to Mr Carpenter on Tuesday asking him to forward a second letter to all 25 members of the board of directors stating that he was "extremely concerned" that they were going to decide this matter by post.
A spokesman for the bank confirmed yesterday that Mr Riordan's letter had been received.
"Indeed we have received it and it was forwarded to the secretary-general, despite the fact that he is on holiday," he said.
The secretary-general was seeking legal advice about Mr Riordan's request and in the meantime his letter for the directors had not been sent out, the spokesman said. It was a decision for the secretary-general as to whether Mr Riordan's letter would be forwarded today, he added.
The latest consultation would be "double-checking" on the normal legal advice taken over such a vote, he said.
He added that so far no director had contacted the bank to say they did not wish the matter to be decided as a "written procedure" and that they would rather it be deferred so that it could be discussed at the next meeting of the board in September.
Mr Riordan, a Limerick college lecturer, was unsuccessful last month in a Supreme Court challenge to the nomination of Mr O'Flaherty to the £147,000-ayear EIB post.
In his letter to the directors, Mr Riordan stated that he was placing the bank on notice that he would take an action in the European Court of Justice to seek a declaration that this mode of action [the postal vote] was improper. He said he would seek an injunction to restrain the board of governors - EU finance ministers - from acting on such a nomination.
In his letter to Mr Carpenter, he also asked for a copy of the bank's rules of procedure, as well as the criteria governing the qualifications, experience and competencies necessary in order for his candidature to be considered by the bank.
"Without this information it is impossible for me to determine whether I wish to apply for the position, also please advise me of the closing date for the receipt of my candidature."
Last night Mr O'Flaherty, speaking from his home in Dublin, told The Irish Times that he did not wish to speak about the directors' vote or Mr Riordan's threatened legal action.