IBRC inquiry terms cover SF claims on O’Brien loans

Department confirms Doherty allegation over €315m loan extension will be examined

Pearse Doherty (left) claims Mr O’Brien had a €315 million loan from IBRC extended in late 2013.
Pearse Doherty (left) claims Mr O’Brien had a €315 million loan from IBRC extended in late 2013.

Sinn Féin TD Pearse Doherty’s claims about businessman Denis O’Brien’s loan from Irish Banking Resolution Corporation (IBRC) will be examined by the commission of investigation, the Department of Finance has confirmed.

The claim that Mr O’Brien had a €315 million loan from IBRC extended in late 2013, after the bank went into liquidation, was disputed by sources with knowledge of the special liquidation.

Mr Doherty said he received new information related to this matter last week.

He told RTÉ’s Morning Ireland programme he received a total of 30 to 40 pages, on which he based his Dáil comments on Tuesday night.

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He said he passed the documents to Taoiseach Enda Kenny and asked that they be given to the judge appointed to the commission of investigation.

The head of the commission has been named as retired High Court Judge Daniel O’Keefe, who Minister for Finance Michael Noonan said has “a strong commercial background as a chartered accountant and as former Chairman of the Irish Takeover Panel”.

Minister for Jobs Richard Bruton told the Dáil on Wednesday the issues raised by Mr Doherty were within the terms revised terms of reference, and this had been confirmed by the Attorney General.

“There is no doubt about this,” he said.

“The Minister for Finance signalled that last night and the Attorney General, who has reviewed the documentation, has also confirmed that.”

Mr Bruton said the judge heading the commission of investigation would have the power to investigate the issues raised.

He said there was a painful legacy of a bank which was not governed by proper regulation over many years.

“We are now entering the last act of this arrangement, if you like,” he added.

The Minister was responding to Fianna Fail leader Micheal Martin and Sinn Fein leader Gerry Adams at Opposition Leaders’ questions.

Mr Martin said it seemed to be a bit unclear as to whether that verbal assurance was covered by the terms of reference.

“The language used in the terms of reference is tortuous,” he added.

A statement released on behalf of the special liquidators has described Mr Doherty’s claims as “wholly inaccurate and misleading”.

“The Special Liquidators have ongoing obligations to respect the confidentiality of the affairs of IBRC customers,” the statement said.

“However, the contribution to last evening’s debate from Deputy Pearse Doherty concerning the affairs of an IBRC customer and the information which he placed on the Dáil record concerning an alleged extension of credit facilities is wholly inaccurate and misleading and does not reflect the facts of this case or the position taken by IBRC’s credit committee.”

Mr Doherty also referred to fresh information about the financing of the Siteserv purchase, which he said involved a loan agreement between Mr O’Brien and IBRC “being used to pay down a loan related to Siteserv” and extended by Bank of Ireland.

In relation to Mr O’Brien’s borrowings, Mr Doherty referred to a lengthy negotiation between Mr O’Brien and IBRC after the bank went into liquidation in February 2013, saying a number of requests from the businessman for an extended term were turned down, before agreement was granted to extend his €315 million loan in November 2013, without the need for an earlier agreed capital repayment.

Mr Doherty had said the documents in his possession showed the loan to Mr O’Brien was extended which he said was the same as a new loan being issued.

This event is alleged to have happened after February 7th, 2013, meaning the negotiations fell outside the time period in the terms of reference announced by the Government, which end when bank was liquidated on February 6th, 2013.

Separately, Mr Doherty said that an agreement had been in place in 2012 to pay 92 per cent of all dividends which Mr O’Brien received from Digicel, the international telecoms company, to IBRC.

In fact, Mr Doherty said, when Siteserv was sold by IBRC to Mr O’Brien’s company Millington, just two thirds of a special $300 million Digicel dividend went to IBRC, with the rest used to pay down a Bank of Ireland loan associated with the Siteserv deal.

Mr Doherty said he would pass on his information to the judge heading the commission.

Mr Noonan outlined the terms of reference of the commission in the Dáil and set a date of December 31st for completion. The prevailing view in Leinster House is that a preliminary report is the best that can be hoped for by that date.

Mary Minihan

Mary Minihan

Mary Minihan is Features Editor of The Irish Times