Dukes concerned over access to documents in IBRC inquiry

The former chairman of the Irish Bank Resolution Corporation (IBRC) Alan Dukes said he is concerned he and other former directors will not get access to documentation being examined by the inquiry into the work of the former Anglo Irish Bank.

He said “law and logic” did not quite seem to meet in the case.

The inquiry into IBRC's sell-offs, including the sale of Siteserv to Denis O'Brien, would face successful legal challenges if it tries to use confidential banking information, the judge heading the investigation has warned.

The Cabinet will on Tuesday examine options to increase the judge's powers, following declarations from Taoiseach Enda Kenny and Minister for Finance Michael Noonan that the inquiry will have what it needs to do its work.

Speaking to Newstalk Breakfast, Mr Dukes said he did not know what the 38 transactions are that will be examined by the inquiry nor did he know what any of the other potential issues of public interest to be examined might be.

“We’ve made one simple request in the interests of fair procedure and that is that we would have full and unrestricted access to any documentation relating to the matters to be examined by the commission[of inquiry].

"It appears that if the liquidators and the Department of Finance stick to their insistence on confidentiality and priviliege that we won't get that access and therefore we could not get fair procedure," he said.

“We are not putting any obstacles in the way of the commission - we are simply asking that we be given all the information that’s there so that we can participate properly in the process.

“We don’t have the documentation. I think it would be utterly unreasonable to expect people to have details of transactions in their minds after periods of up to six years so it seems to us that that is a basic requirement for any fair procedure to take place.

“That apparently is not possible and that’s where the impasse arises. It seems to me that the law and logic don’t quite meet in this case.”

He said he did not know what the Government would decide to do at the Cabinet meeting this morning saying he could see no “magic bullet”.

“The situation seems to be that the the system set up under the 2004 Commission of Investigation Act which has worked extremely well in a number of other areas is not suited to a situation where confidentiality and privilege seem to be such an important part of the mix.”

He said he would feel “extremely annoyed” if the truth was not established about transactions at the IBRC saying it would be grossly unjust and oppressive for people against whom “vague allegations” had been made.

“A number of allegations have been made. Not a single one of them has been stood up. In one particular case and on one particular transaction there has been a wealth of public discussion, explanations given, and the people who made the allegations seem to ignore all of that,” he said.

“There may well be parts of this [like] issues in the relationship between the Department of Finance and the bank that can be explored because they don’t involve third parties and I think that could quite easily be done.

“But as far as the handling of specific decsions is concerned and judgments as to their commercial wisdom then it seems to me that we’re completely at a dead end if the commission cannot carry out that work... It seems to me that everybody involved is simply going to have to say well we cannot pursue that anymore and the allegations have to stop.”

Mr Dukes said, however, that he couldn’t see the people making the allegations “giving them up”.

“The entity that is being examind is not the old Anglo Irish bank it’s an entity that was set up by Government in order to do a particular job. I think there are serious implications in all of this for people who take on any public office or any public interest job if they feel they are always going to be second guessed.

“I think that’s going to be a problem in the managing of a democratic system. And we will have to find another way of dealing with it.”