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Carrickmines Chapter 19 The Final Report of the Tribunal of Inquiry into Certain Planning Matters and Payments Vol. V (The Carrickmines Module) 2 Page | iv TABLE OF CONTENTS CHAPTER NINETEEN – Carrickmines Module…………………………........... 1 Part 1 The delay in publication of this chapter ………………………………. 1 The reasons for the Inquiry …………………………………...………… 1 The phases of the Inquiry…………………………………...………….. 2 The background to the Inquiry…………………………………………. 4 The O’Halloran Consortium lands…………………………...………… 5 The PW/JW lands………………………………….................………… 6 Part 2 The source of funds used to purchase the Tracey lands ..…………. 6 Part 3 The relationship between Mr George Redmond and Mr Jim Kennedy ………………………………………………………… 8 General relationship……………………………………………….……. 9 The County Council zoning map ………………………………..…....... 11 The Tribunal’s conclusions relating to the provision of the map to Mr Caldwell...............………………………......................17 Part 4 The relationship between the O’Halloran Consortium and the owners of the PP/JW lands pre 1991 ……………………………. 18 The joint residential scheme……………………………………………. 19 The joint rezoning submission …………………………………………. 19 Proposed purchase of the O’Halloran lands………………………….. 21 The Covenant Agreement and the Access Issue..……………………. 22 Mr Kilcoyne’s reservations concerning Mr Kennedy..……………….. 22 Part 5 Mr Frank Dunlop’s relationship with Paisley Park / Jackson Way (PP/JW) ………………………………………………….. 24 Mr Dunlop’s engagement by Mr Kennedy ..………………………….. 24 Mr Dunlop’s claimed first meeting with Mr Kennedy ….…………….. 28 Mr Dunlop’s and Mr Kennedy’s understanding regarding payments to councillors …………………………………...…………… 29 Mr Dunlop’s success fee ..……………………………………………… 35 The Tribunal’s findings regarding Mr Dunlop’s engagement by PP/JW ……………...…………………………………………………. 37 Mr Dunlop’s lobbying activities for PP/JW.……………………………. 40 The Special Meeting of 24 May 1991………………………………….. 41 Mr Dunlop’s involvement in the period between the meeting of 24 May 1991 and that of 12 June 1992 and his liaisions with Mr Kennedy and Mr Caldwell……….………………………………….. 43 The Special Meeting of 12 June 1992..……………………….……….. 45 Part 6 The O’Halloran Consortium’s rezoning attempts and their relationship with Mr Kennedy post 1991………………………………. 47 The O’Halloran Consortium’s contact with Mr Kennedy between 1991 and 1992…………………………………………………………….. 51 The O’Halloran consortium’s retention of Mr Dunlop ………………… 54 Mr Dunlop’s knowledge of the contact between Mr O’Halloran and Mr Kennedy ………………………………………………………….. 57 Mr Dunlop’s lobbying efforts on behalf of the O’Halloran Consortium .……………………………………………………………….. 58 Mr O’Halloran’s knowledge of Mr Dunlop’s system …………………. 61 REPORT OF THE TRIBUNAL OF INQUIRY INTO CERTAIN PLANNING MATTERS & PAYMENTS TABLE OF CONTENTS Page | v The role, if any, played by the O’Halloran Consortium in the lobbying of councillors ………………..………………………………….. 62 Contact with Cllr Larry Butler (FF)…………………………………….. 62 Contact with Cllr Betty Coffey (FF)………………………………….… 64 Mr O’Halloran’s and Mr Kilcoyne’s meeting with Cllr Hand (FG) and Cllr O’Connor (FF)……………………………….. 64 The lodging of motions in relation to the O’Halloran Consortium lands.………………………………………………………. 66 The Special Meetings of Dublin County Council on 13 and 27 May 1992……………………………..……………………… 67 The Special Meetings of Dublin County Council in June 1992…….. 67 Part 7 Mr Dunlop’s retention by Jackson Way in 1996 / 1997 ………….…. 69 Mr Dunlop’s remuneration in relation to the Jackson Way rezoning attempts……………………………………………..….. 73 Part 8 Mr Dunlop’s re-engagement by the O’Halloran Consortium..……. 75 Mr Dunlop’s payment from the O’Halloran Consortium..…………. 78 Mr Dunlop’s advice to the O’Halloran Consortium ……..………….. 78 Mr Dunlop’s work for the O’Halloran Consortium ……..…………… 80 The joint O’Halloran Consortium and Jackson Way rezoning submission ………………………………………………….. 81 The four 1997 Motions and Maps …………………….……………… 82 Mr O’Halloran’s lobbying of councillors between 28 October and 16 December 1997………………………………….….. 83 The Special Meeting of 16 December 1997 ……………………..…. 84 Part 9 The relationship between the O’Halloran Consortium and Messrs Kennedy and Caldwell between 1995 – 1998.……….. 87 Part 10 Mr Dunlop’s allegations of payments to councillors in connection with efforts to rezone the Carrickmines Lands (The PP/JW Lands)……………………………………………………. 88 Part 11 Cllr Don Lydon (FF) …………………………………………………… 89 Part 12 Cllr Tom Hand (FG) …………………………………………………… 91 Part 13 Cllr Colm McGrath (FF) ………………………………………………. 93 Part 14 Cllr Liam T. Cosgrave (FG) …………………………………………... 95 Part 15 Cllr Sean Gilbride (FF) …………………………………………….….. 101 Part 16 Cllr Tony Fox (FF) ……………………………………………….…….. 102 Part 17 Cllr Cyril Gallagher (FF) ………………………………………………. 105 Part 18 Cllr Jack Larkin (FF) ………………………………………………….. 105 REPORT OF THE TRIBUNAL OF INQUIRY INTO CERTAIN PLANNING MATTERS & PAYMENTS TABLE OF CONTENTS Page | vi Part 19 Cllr John O’Halloran (Lab/Ind) ………………………………….….. 107 Part 20 Cllr Betty Coffey (FF) ……………………………………………….... 110 Part 21 Mr O’Halloran’s payments to councillors ………………………….. 110 Cllr Larry Butler (FF) ………………………………………………..… 110 Part 22 Cllr Betty Coffey (FF) ………………………………………………… 111 Part 23 The O’Halloran Consortium and payments to Mr O’Halloran ……. 112 Part 24 Mr Lawlor’s involvement with the PP/JW lands ……………………………………………….………….. 118 Mr Dunlop’s allegation of a ‘system’ of payments to councillors …………………………………………………………….. 119 Mr Lawlor’s relationship with Mr Kennedy and Mr Caldwell.……... 126 Mr Lawlor’s role in the preparation of a submission to Dublin County Council in respect of the PP/JW lands in December 1991………………………………………………...…… 128 Mr Lawlor’s alleged involvement with the line of the SEM………… 132 Part 25 Mr Dermot Drumgoole and Mr Lawlor ………………………………. 136 Part 26 The legal and beneficial ownership of the PP / JW lands ……………………………….……………………. 139 Legal ownership of Paisley Park...................................................... 140 Maskani ………………………………………………………………… 140 Renzenbrinck ………………………………………………………….. 140 Xenon ……………………………………………………………...….…TheTh140 The liquidation of Paisley Park and the distribution of its interest in the lands……………................................………..... 141 The beneficial ownership of PP / JW lands……….……………........ 147 The involvement of Mr Caldwell in the ownership of the lands…..… 148 The involvement of Mr Jim Kennedy in the ownership of the PP/JW lands…………………………………………………………..… 152 Did Mr Lawlor have an interest in the PP/JW lands?..............…….. 154 REPORT OF THE TRIBUNAL OF INQUIRY INTO CERTAIN PLANNING MATTERS & PAYMENTS TABLE OF CONTENTS 19 CHAPTER NINETEEN Page | 1 CHAPTER NINETEEN – THE CARRICKMINES MODULE INTRODUCTION THE DELAY IN PUBLICATION OF THIS CHAPTER 1.01 The Tribunal’s Final Report and Recommendations were (with the exception of this Chapter) published on 22 March 2012. The publication of this Chapter was delayed because of the Tribunal’s concern that it might prejudice the criminal trials of certain individuals who are the subject of adverse findings herein. 1.02 As this chapter is a part of the Tribunal’s Final Report, it should be read in conjunction with that Report, and in particular, the Preface, the Terms of Reference and Chapter One (Introduction to the Final Report). THE REASONS FOR THE INQUIRY 1.03 This chapter concerns the Tribunal’s public inquiry into attempts to rezone lands comprising approximately 130 acres in the Carrickmines Valley in South County Dublin (the ‘Carrickmines lands’). Of these lands, 108 acres were purchased by Paisley Park Investments Ltd (‘Paisley Park’) in 1991 and, apparently, they were subsequently transferred to Jackson Way Properties Ltd (the ‘PP/JW lands’).1 The remaining 22 acres were sold in 1978 in separate lots to a consortium of owners, referred to in this Report as ‘the O’Halloran Consortium’. They remained owned by that consortium throughout the period which was the focus of the Tribunal’s inquiries. 1.04 The first attempts to rezone the Carrickmines lands were made in the course of the review of the 1983 Development plan and were unsuccessful. Subsequently, renewed attempts to rezone these lands were made in the course of the making of the 1998 Development Plan by Dun Laoghaire – Rathdown County Council (which was the relevant local authority for the Carrickmines Valley since 1 January 1994). 1.05 The Tribunal’s public inquiry into these rezoning attempts was prompted by allegations of bribery and corruption in connection with those attempts made by Mr Frank Dunlop, lobbyist and public relations consultant. 1 The abbreviation ‘PP/JW’ is used in this Chapter for convenience. It identifies the lands in Carrickmines purchased by Paisley Park Investments Ltd (PP) in 1991 and which were transferred to Jackson Way Ltd (JW) in 1992. REPORT OF THE TRIBUNAL OF INQUIRY INTO CERTAIN PLANNING MATTERS & PAYMENTS THE CARRICKMINES MODULE CHAPTER NINETEEN Page | 2 1.06 At a public sitting of the Tribunal on Day 148 (9 May 2000) Mr Dunlop provided a list of the sources of monies he had received in 1991 – 1993 from the developers who had engaged his services. He did so in response to a question in relation to the source of a lodgement in the amount of IR£80,000 to his 042 (Rathfarnham) account on 5 June 1991. The first item on Mr Dunlop’s list, which was headed ‘1991 -1993 (inclusive)’ was entitled: ‘Paisley Park (Carrickmines) [Paisley Park were dissolved and reformed into or sold to Jackson Way after 1993] via J. Kennedy & J. Caldwell mainly the former… 25,000 (cash)’. 1.07 In that same month, May 2000, Mr Dunlop, in a private interview
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