SEVERAL members of the Bord na Mona board have expressed surprise that the Minister for Energy has passed the issue of the pay deal of the board's managing director, Dr Eddie O'Connor, back to them.
The board will meet today at 9 a.m. to consider a list of more than a dozen questions that the Minister, Mr Lowry, wants answered. The meeting will be the board's seventh since the controversy began 11 weeks ago.
Several board members said yesterday they felt the resolution passed early on Tuesday morning should have been sufficient. "It is up to the Government to make the final decision; we did our job," said one member. "I thought it was all over when we left the meeting at 4 a.m.," said another.
The resolution passed after a marathon 14 hour meeting said the board was of the opinion that Government guidelines "appeared" to have been breached regarding Dr O'Connor's pay since his appointment in 1987.
On Wednesday, the Minister said he would give the board until today to reply to a series of detailed questions about Dr O'Connor's pay package.
He has asked the board to say if it had the power to deviate from the Government pay guidelines; if it had the power to delegate its functions in relation to pay to the chairman, and for him to carry them out in a confidential manner; and why was cash handed to Dr O'Connor to cover unvouched expenses?
Board members only received the detailed list of questions from the Minister late yesterday afternoon. In theory, they have until this evening to finally resolve the issue but none would say if this would happen It is also possible that they will seek more time.
"Some of the questions the Minister is asking are questions which should be answered by the company's management, not by the board", said one source.
The board's statement on Tuesday morning also said it had decided to advise the Minister that Dr O'Connor's remuneration arrangements, which were originally entered into between the former chairman, Mr Brendan Halligan and Dr O'Connor, were not disclosed to the board or its remuneration committee. "I would have thought that was a fairly definite statement", said another board member.
Mr Lowry is understood to be extremely frustrated with the resolution and the fact that it did not state categorically whether Dr O'Connor's pay deal had breached Government guidelines. Government sources say it was the board who examined in Price Waterhouse reports, attended six meetings and questioned both Dr O'Connor and Mr Halligan about Dr O'Connor's pay, which included £66,000 of unreceipted expenses.
However, one board source also pointed out that the Minister had access to much of the information, including the Price Waterhouse reports.
Board members keep stressing that it is up to the Minister and the Cabinet to decide ultimately on Dr O'Connor's future.
Dr O'Connor has strongly defended his position date. It is still possible that he may reach some form of settlement, under which he would leave the company.
One thing is clear, say board members, Dr O Connor and chairman Mr Pat Dineen will not be able to continue working together.