Committee ‘failed tohonour terms of reference’

A HIGH-PROFILE Fianna Fáil probe into donations to members failed to uncover thousands of pounds in payments from developers because the investigating committee did not honour their terms of reference, the Flood Tribunal heard.

Senator and county councillor Don Lydon said he was only ever asked a few questions about developments linked to Frank Dunlop despite the fact that the first purpose of the inquiry was to establish "whether Fianna Fáil councillors were in receipt of donations from Frank Dunlop and/or developers".

Mr Lydon told the tribunal he didn't know if he had ever seen those terms of reference but he said he had checked recently with committee member Michael Ahern, and fellow county councillor Betty Coffey, and they both agreed with him that only specific issues were being examined and it was not intended as a general trawl.

Mr Lydon has told the tribunal he did not disclose to the investigation two £5,000 payments he received in 1992 one from a businessman whose farm he helped have rezoned for development because he wasn't asked about them.

He denies a claim by Frank Dunlop that he took a £3,000 bribe in 1992 for supporting a motion to rezone 108 acres of Paisley Park (now Jackson Way) lands at Carrickmines in south Co Dublin.

The Fianna Fáil inquiry was conducted in 2000 when serious allegations of bribes for councillors for planning favours became public.

Mr Lydon denied he was taking a casual approach to the concerns of the tribunal and challenged the tribunal's legal team to bring in any of the five committee members who, he said, would verify he did his best to address the issues at the time.

"I am not casual about this. I may not look it but I am terrified at being here," he said.

Mr Lydon was quizzed by tribunal chairman Mr Justice Flood, who asked why as a man of conscience Mr Lydon had not disclosed to his own party all the donations he received.

"Is the tribunal to believe that donations of £5,000 were dropped into your lap like snuff at a wake and you forgot about it?" asked Mr Justice Flood. "Yes," replied Mr Lydon.

The senator also agreed multiple lodgements and withdrawals to and from his bank accounts around the time Frank Dunlop claims the bribe payment took place were like the "banking equivalent of Lannigan's Ball" but he insisted he had innocent explanations.

He also accepted that former TD Ray Burke, then county council chairman and leader of the Fianna Fáil group on the council, was a formidable chairman.

But while he said that he usually voted along party lines, he denied Mr Burke or anyone else forced him to do so.